Publication of Model Notices for Health Care Continuation Coverage Provided Pursuant to the Consolidated Omnibus Budget Reconciliation Act (COBRA) and Other Health Care Continuation Coverage, as Required by the American Recovery and Reinvestment Act of 2009, Notice, 11971-11973 [E9-6131]
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Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• 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., permitting electronic submission of
responses.
Agency: Occupational Safety and
Health Administration.
Type of Review: Extension without
change of a previously approved
collection.
Title of Collection: Blasting
Operations and the Use of Explosives
(29 CFR part 1926, Subpart U).
OMB Control Number: 1218–0217.
Affected Public: Business or other forprofits.
Estimated Number of Respondents:
160.
Estimated Total Annual Burden
Hours: 1,294.
Estimated Total Annual Costs Burden
(does not include wage/hour costs):
$800,000.
Description: The information
collection requirements provide
protection to employees who work with
and around blasting operations. In
addition, inventories of explosives must
be maintained to assure employer and
blaster accountability for explosives. For
additional information, see the related
60-day preclearance notice published in
the Federal Register at Vol. 73 FR 74525
on December 8, 2008. PRA
documentation prepared in association
with the preclearance notice is available
on https://www.regulations.gov under
docket number OSHA–2008–0045.
Agency: Occupational Safety and
Health Administration.
Type of Review: Extension without
change of a previously approved
collection.
Title of Collection: OSHA Strategic
Partnership for Worker Safety and
Health Program (OSPP).
OMB Control Number: 1218–0244.
Affected Public: Business or other forprofits.
Estimated Number of Respondents:
24,272.
Estimated Total Annual Burden
Hours: 361,416.
Estimated Total Annual Costs Burden
(does not include wage/hour costs): $0.
VerDate Nov<24>2008
17:07 Mar 19, 2009
Jkt 217001
Description: The OSPP allows OSHA
to enter into an extended, voluntary,
cooperative relationship with groups of
employers, employees, and
representatives to encourage, assist and
recognize their efforts to eliminate
serious hazards and to achieve a high
level of employee safety and health that
goes beyond what historically has been
achieved through traditional
enforcement methods. Each OSHA
Strategic Partnership (OSP) determines
which information will be needed,
selects the best collection method, and
specifies how the information will be
used. At a minimum each OSP must
identify baseline illness and injury data
corresponding to all summary line items
on the OSHA 300 logs, and must track
changes at either the worksite level or
participant-aggregate level. For
additional information, see the related
60-day preclearance notice published in
the Federal Register at Vol. 73 FR 67546
on November 14, 2008. PRA
documentation prepared in association
with the preclearance notice is available
on https://www.regulations.gov under
docket number OSHA–2008–0041.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E9–6033 Filed 3–19–09; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Publication of Model Notices for Health
Care Continuation Coverage Provided
Pursuant to the Consolidated Omnibus
Budget Reconciliation Act (COBRA)
and Other Health Care Continuation
Coverage, as Required by the
American Recovery and Reinvestment
Act of 2009, Notice
Employee Benefits Security
Administration, Department of Labor.
ACTION: Notice of the Availability of the
Model Health Care Continuation
Coverage Notices Required by ARRA.
AGENCY:
SUMMARY: On February 17, 2009,
President Obama signed the American
Recovery and Reinvestment Act (ARRA)
of 2009 (Pub. L. 111–5). ARRA includes
a requirement that the Secretary of
Labor (the Secretary), in consultation
with the Secretaries of the Treasury and
Health and Human Services, develop
model notices. These models are for use
by group health plans and other entities
that, pursuant to ARRA, must provide
notices of the availability of premium
reductions and additional election
periods for health care continuation
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
11971
coverage. This document announces the
availability of the model health care
continuation coverage notices required
by ARRA.
FOR FURTHER INFORMATION CONTACT:
Kevin Horahan or Amy Turner, Office of
Health Plan Standards and Compliance
Assistance, Employee Benefits Security
Administration, (202) 693–8335. This is
not a toll-free number.
SUPPLEMENTARY INFORMATION:
I. Background
The Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA)
created the health care continuation
coverage provisions of title I of the
Employee Retirement Income Security
Act of 1974 (ERISA), the Internal
Revenue Code (Code), and the Public
Health Service Act (PHS Act). These
provisions are commonly referred to as
the COBRA continuation provisions,
and the continuation coverage that they
mandate is commonly referred to as
COBRA continuation coverage. Group
health plans subject to the COBRA
continuation provisions are subject to
ARRA’s premium reduction provisions,
notice requirements, and an additional
election period. The COBRA
continuation coverage provisions do not
apply to group health plans sponsored
by employers with fewer than 20
employees. Many States require health
insurance issuers who provide group
health insurance coverage to plans not
subject to the COBRA continuation
provisions to provide comparable
continuation coverage. Such
continuation coverage provided
pursuant to State law is also subject to
ARRA’s premium reduction provisions
and notice requirements but not the
additional election period.
II. Description of the Model Notices
a. In General
ARRA mandates the provision of
three notices—a ‘‘General Notice,’’ an
‘‘Alternative Notice,’’ and a ‘‘Notice in
Connection with Extended Election
Periods.’’ Each of these notices must
include: a prominent description of the
availability of the premium reduction
including any conditions on the
entitlement; a model form to request
treatment as an ‘‘Assistance Eligible
Individual’’;1 the name, address, and
telephone number of the plan
administrator (and any other person
1 In general, an ‘‘Assistance Eligible Individual’’
is an individual who is eligible for COBRA
continuation coverage as a result of an involuntary
termination of employment at any time from
September 1, 2008 through December 31, 2009; and
who elects COBRA coverage (when first offered or
during the additional election period).
E:\FR\FM\20MRN1.SGM
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11972
Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices
with information about the premium
reduction); a description of the
obligation of individuals paying
reduced premiums who become eligible
for other coverage to notify the plan;
and (if applicable) a description of the
opportunity to switch coverage options.
The Notice in Connection with
Extended Election Periods must also
include a description of the extended
election period.
The Department of Labor (the
Department) created these model
notices to cover an array of situations in
order to deal with the complexity of the
various scenarios facing dislocated
workers and their families. In an effort
to ensure that the notices included all
of the information required under ARRA
while minimizing the burden imposed
on group health plans and issuers, the
Department created several packages.
Each package is designed for a
particular group of qualified
beneficiaries and contains all of the
information needed to satisfy the
content requirements for ARRA’s notice
provisions. The packages include the
following disclosures:
• A summary of ARRA’s premium
reduction provisions.
• A form to request the premium
reduction.
• A form for plans (or issuers) who
permit qualified beneficiaries to switch
coverage options to use to satisfy
ARRA’s requirement to give notice of
this option.
• A form for an individual to use to
satisfy ARRA’s requirement to notify the
plan (or issuer) that the individual is
eligible for other group health plan
coverage or Medicare.
• COBRA election forms and
information, as appropriate.
b. General Notice
The General Notice is required to be
sent by plans that are subject to the
COBRA continuation provisions under
Federal law.2 It must include the
information described above and be
provided to ALL qualified beneficiaries,
not just covered employees, who have
experienced a qualifying event at any
time from September 1, 2008 through
2 Under
ARRA the Secretary generally is
responsible for developing all of the model notices
with the exception of model notices relating to
Temporary Continuation Coverage under 5 U.S.C.
8905a, which is the responsibility of the Office of
Personnel Management (OPM). In developing these
notices, the Department has consulted with the
Departments of the Treasury and Health and
Human Services, OPM, the National Association of
Insurance Commissioners, and plan administrators
and other entities responsible for providing COBRA
continuation coverage.
VerDate Nov<24>2008
17:07 Mar 19, 2009
Jkt 217001
December 31, 2009, regardless of the
type of qualifying event.
The Department has created two
versions of this notice. The abbreviated
version is for individuals who have
elected COBRA and are still covered
after experiencing a qualifying event at
some time on or after September 1, 2008
to advise them of the availability of the
premium reduction and other rights and
obligations under ARRA. The longer
version includes all of the information
related to the premium reduction and
other rights and obligations under
ARRA as well as all of the information
required in an election notice required
pursuant to the Department’s final
COBRA notice regulations under 29 CFR
2590.606–4(b).3 Providing the longer
notice to individuals who have
experienced a qualifying event from
September 1, 2008 through December
31, 2009 will satisfy the Department’s
existing requirements for the content of
the COBRA election notice as well as
those imposed by ARRA.
c. Alternative Notice
The Alternative Notice is required to
be sent by issuers that offer group health
insurance coverage that is subject to
continuation coverage requirements
imposed by State law. The Alternative
Notice must include the information
described above and be provided to ALL
qualified beneficiaries, not just covered
employees, who have experienced a
qualifying event at any time from
September 1, 2008 through December
31, 2009, regardless of the type of
qualifying event. Continuation coverage
requirements vary among States. Thus,
the Department crafted a single version
of this notice that should be modified to
reflect the requirements of the
applicable State law. Issuers of group
health insurance coverage subject to this
notice requirement should feel free to
use the model Alternative Notice or the
abbreviated model General Notice (as
appropriate).
d. Notice in Connection With Extended
Election Periods
The Notice in Connection with
Extended Election Periods is required to
3 ARRA provides that COBRA election notices
already provided for qualifying events occurring
during this time period but which did not include
information on the availability of the premium
reduction are not complete. As such, the end of the
60-day period for electing COBRA continuation
coverage is measured from when a complete notice
is provided. Moreover, although under COBRA a
timely election may require a plan to make coverage
available retroactively to the date of the loss of
coverage, ARRA provides no new requirement for
a plan to allow an individual to elect COBRA
continuation coverage for any period prior to the
first coverage period beginning on or after February
17, 2009.
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
be sent by plans that are subject to
COBRA continuation provisions under
Federal law. It must include the
information described above and be
provided to any Assistance Eligible
Individual (or any individual who
would be an Assistance Eligible
Individual if a COBRA continuation
coverage election were in effect) who:
had a qualifying event at any time from
September 1, 2008 through February 16,
2009; AND either did not elect COBRA
continuation coverage or who elected
but subsequently discontinued COBRA.
This notice MUST be provided by April
18, 2009, which is 60 days after the date
ARRA was enacted.4
III. For Additional Information
For additional information about
ARRA’s COBRA premium reduction
provisions, contact the Department’s
Employee Benefits Security
Administration’s Benefits Advisors at 1–
866–444–3272. In addition, the
Employee Benefits Security
Administration has developed a
dedicated COBRA Web page https://
www.dol.gov/COBRA that will contain
information on the program as it is
developed. Subscribe to this page to get
up-to-date fact sheets, FAQs, model
notices, and applications.
IV. Paperwork Reduction Act
Statement
According to the Paperwork
Reduction Act of 1995 (Pub. L. 104–13)
(PRA), no persons are required to
respond to a collection of information
unless such collection displays a valid
Office of Management and Budget
(OMB) control number. The Department
notes that a Federal agency cannot
conduct or sponsor a collection of
information unless it is approved by
OMB under the PRA, and displays a
currently valid OMB control number,
and the public is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. See 44 U.S.C. 3507.
Also, notwithstanding any other
provisions of law, no person shall be
subject to penalty for failing to comply
with a collection of information if the
collection of information does not
4 ARRA could be read to require Assistance
Eligible Individuals with qualifying events from
September 1, 2008 through February 16, 2009 who
are already enrolled in COBRA coverage to receive
both a General Notice and a Notice in Connection
with Extended Election Periods with duplicate
content. Because the COBRA election information
would be of no practical importance to individuals
already enrolled, plans may send just the
abbreviated General Notice to such individuals and
satisfy both ARRA notice requirements if the 60-day
time frame for providing the Notice in Connection
with Extended Election Periods is satisfied.
E:\FR\FM\20MRN1.SGM
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Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices
display a currently valid OMB control
number. See 44 U.S.C. 3512.
This Notice revises the collections of
information contained in the ICR titled
Notice Requirements of the Health Care
Continuation Coverage Provisions
approved under OMB Control Number
1210–0123. OMB has approved this
revision to the ICR pursuant to the
emergency review procedures under 5
CFR 1320.13. The public reporting
burden for this collection of information
is estimated to average approximately 7
minutes per respondent, including time
for gathering and maintaining the data
needed to complete the required
disclosure. Interested parties are
encouraged to send comments regarding
the burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden, to the U.S. Department of Labor,
Office of the Chief Information Officer,
Attention: Departmental Clearance
Officer, 200 Constitution Avenue, NW.,
Room N–1301, Washington, DC 20210
or e-mail DOL_PRA_PUBLIC@dol.gov
and reference the OMB Control Number
1210–0123.
V. Models
The Department has decided to make
the model notices available in
modifiable, electronic form on its Web
site: https://www.dol.gov/COBRA.
VI. Statutory Authority
Authority: 29 U.S.C. 1027, 1059, 1135,
1161–1169, 1191c; Public Law 111–5, 123
Stat. 115; sec. 3001(a)(5), 3001(a)(2)(C),
3001(a)(7), and Secretary of Labor’s Order
No. 1–2003, 68 FR 5374 (Feb. 3, 2003).
Signed at Washington, DC this 17th day of
March 2009.
Alan D. Lebowitz,
Deputy Assistant Secretary, Employee
Benefits Security Administration.
[FR Doc. E9–6131 Filed 3–19–09; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Notice of a Change in Status of an
Extended Benefit (EB) Period for South
Carolina
AGENCY: Employment and Training
Administration, Labor.
Notice.
SUMMARY: This notice announces a
change in benefit period eligibility
under the EB program for South
Carolina.
VerDate Nov<24>2008
17:07 Mar 19, 2009
Jkt 217001
petition filed by an official of a Missouri
State workforce office on behalf of
workers of The Doe-Run Company, St.
Louis, Missouri.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC, this 5th day of
March 2009.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–5913 Filed 3–19–09; 8:45 am]
BILLING CODE 4510–FN–P
Information for Claimants
The duration of benefits payable in
the EB program, and the terms and
conditions on which they are payable,
are governed by the Federal-State
Extended Unemployment Compensation
Act of 1970, as amended, and the
operating instructions issued to the
states by the U.S. Department of Labor.
In the case of a state beginning an EB
period, the State Workforce Agency will
furnish a written notice of potential
entitlement to each individual who has
exhausted all rights to regular benefits
and is potentially eligible for EB (20
CFR 615.13(c)(1)).
Persons who believe they may be
entitled to EB or who wish to inquire
about their rights under the program
should contact their State Workforce
Agency.
FOR FURTHER INFORMATION CONTACT:
Scott Gibbons, U.S. Department of
Labor, Employment and Training
Administration, Office of Workforce
Security, 200 Constitution Avenue,
NW., Frances Perkins Building, Room
S–4231, Washington, DC 20210,
telephone number (202) 693–3008 (this
is not a toll-free number) or by e-mail:
gibbons.scott@dol.gov.
Signed in Washington, DC, this 13th day of
March 2009.
Douglas F. Small,
Deputy Assistant Secretary, Employment and
Training Administration.
[FR Doc. E9–6032 Filed 3–19–09; 8:45 am]
BILLING CODE 4510–FW–P
Employment and Training
Administration
ACTION:
The following change has occurred
since the publication of the last notice
regarding the State’s EB status:
• The 13-week insured
unemployment rate (IUR) for South
Carolina for the week ending February
21, 2009, rose above 5.0 percent and
exceeded 120 percent of the
corresponding average rate in the two
prior years. Therefore, beginning the
week of March 8, 2009, eligible
unemployed workers will be able to
collect up to an additional 13 weeks of
UI benefits.
11973
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–65,287]
The Doe-Run Company; St. Louis, MO;
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on February
18, 2009 in response to a worker
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Proposed Information Collection
Request; Submitted for Public
Comment and Recommendations;
Health Standards for Diesel
Particulates Matter (Underground
Metal and Nonmetal Mines)
ACTION:
Notice.
SUMMARY: The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed.
Currently, the Mine Safety and Health
Administration (MSHA) is soliciting
comments concerning the extension of
the information collection related to the
30 CFR 57.5060, 57.5065, 57.5066,
57.5067, 57.5070, 57.5071, and
57.5075—Health Standards for Diesel
Particulates Matter (Underground Metal
and Nonmetal Mines).
DATES: Submit comments on or before
May 19, 2009.
ADDRESSES: Send comments to, Debbie
Ferraro, Management Services Division,
1100 Wilson Boulevard, Room 2141,
Arlington, VA 22209–3939. Commenters
are encouraged to send their comments
on computer disk, or via e-mail to
Ferraro.Debbie@DOL.GOV. Ms. Ferraro
can be reached at (202) 693–9821
(voice), or (202) 693–9801 (facsimile).
E:\FR\FM\20MRN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11971-11973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6131]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employee Benefits Security Administration
Publication of Model Notices for Health Care Continuation
Coverage Provided Pursuant to the Consolidated Omnibus Budget
Reconciliation Act (COBRA) and Other Health Care Continuation Coverage,
as Required by the American Recovery and Reinvestment Act of 2009,
Notice
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Notice of the Availability of the Model Health Care
Continuation Coverage Notices Required by ARRA.
-----------------------------------------------------------------------
SUMMARY: On February 17, 2009, President Obama signed the American
Recovery and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5). ARRA
includes a requirement that the Secretary of Labor (the Secretary), in
consultation with the Secretaries of the Treasury and Health and Human
Services, develop model notices. These models are for use by group
health plans and other entities that, pursuant to ARRA, must provide
notices of the availability of premium reductions and additional
election periods for health care continuation coverage. This document
announces the availability of the model health care continuation
coverage notices required by ARRA.
FOR FURTHER INFORMATION CONTACT: Kevin Horahan or Amy Turner, Office of
Health Plan Standards and Compliance Assistance, Employee Benefits
Security Administration, (202) 693-8335. This is not a toll-free
number.
SUPPLEMENTARY INFORMATION:
I. Background
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
created the health care continuation coverage provisions of title I of
the Employee Retirement Income Security Act of 1974 (ERISA), the
Internal Revenue Code (Code), and the Public Health Service Act (PHS
Act). These provisions are commonly referred to as the COBRA
continuation provisions, and the continuation coverage that they
mandate is commonly referred to as COBRA continuation coverage. Group
health plans subject to the COBRA continuation provisions are subject
to ARRA's premium reduction provisions, notice requirements, and an
additional election period. The COBRA continuation coverage provisions
do not apply to group health plans sponsored by employers with fewer
than 20 employees. Many States require health insurance issuers who
provide group health insurance coverage to plans not subject to the
COBRA continuation provisions to provide comparable continuation
coverage. Such continuation coverage provided pursuant to State law is
also subject to ARRA's premium reduction provisions and notice
requirements but not the additional election period.
II. Description of the Model Notices
a. In General
ARRA mandates the provision of three notices--a ``General Notice,''
an ``Alternative Notice,'' and a ``Notice in Connection with Extended
Election Periods.'' Each of these notices must include: a prominent
description of the availability of the premium reduction including any
conditions on the entitlement; a model form to request treatment as an
``Assistance Eligible Individual'';\1\ the name, address, and telephone
number of the plan administrator (and any other person
[[Page 11972]]
with information about the premium reduction); a description of the
obligation of individuals paying reduced premiums who become eligible
for other coverage to notify the plan; and (if applicable) a
description of the opportunity to switch coverage options. The Notice
in Connection with Extended Election Periods must also include a
description of the extended election period.
---------------------------------------------------------------------------
\1\ In general, an ``Assistance Eligible Individual'' is an
individual who is eligible for COBRA continuation coverage as a
result of an involuntary termination of employment at any time from
September 1, 2008 through December 31, 2009; and who elects COBRA
coverage (when first offered or during the additional election
period).
---------------------------------------------------------------------------
The Department of Labor (the Department) created these model
notices to cover an array of situations in order to deal with the
complexity of the various scenarios facing dislocated workers and their
families. In an effort to ensure that the notices included all of the
information required under ARRA while minimizing the burden imposed on
group health plans and issuers, the Department created several
packages. Each package is designed for a particular group of qualified
beneficiaries and contains all of the information needed to satisfy the
content requirements for ARRA's notice provisions. The packages include
the following disclosures:
A summary of ARRA's premium reduction provisions.
A form to request the premium reduction.
A form for plans (or issuers) who permit qualified
beneficiaries to switch coverage options to use to satisfy ARRA's
requirement to give notice of this option.
A form for an individual to use to satisfy ARRA's
requirement to notify the plan (or issuer) that the individual is
eligible for other group health plan coverage or Medicare.
COBRA election forms and information, as appropriate.
b. General Notice
The General Notice is required to be sent by plans that are subject
to the COBRA continuation provisions under Federal law.\2\ It must
include the information described above and be provided to ALL
qualified beneficiaries, not just covered employees, who have
experienced a qualifying event at any time from September 1, 2008
through December 31, 2009, regardless of the type of qualifying event.
---------------------------------------------------------------------------
\2\ Under ARRA the Secretary generally is responsible for
developing all of the model notices with the exception of model
notices relating to Temporary Continuation Coverage under 5 U.S.C.
8905a, which is the responsibility of the Office of Personnel
Management (OPM). In developing these notices, the Department has
consulted with the Departments of the Treasury and Health and Human
Services, OPM, the National Association of Insurance Commissioners,
and plan administrators and other entities responsible for providing
COBRA continuation coverage.
---------------------------------------------------------------------------
The Department has created two versions of this notice. The
abbreviated version is for individuals who have elected COBRA and are
still covered after experiencing a qualifying event at some time on or
after September 1, 2008 to advise them of the availability of the
premium reduction and other rights and obligations under ARRA. The
longer version includes all of the information related to the premium
reduction and other rights and obligations under ARRA as well as all of
the information required in an election notice required pursuant to the
Department's final COBRA notice regulations under 29 CFR 2590.606-
4(b).\3\ Providing the longer notice to individuals who have
experienced a qualifying event from September 1, 2008 through December
31, 2009 will satisfy the Department's existing requirements for the
content of the COBRA election notice as well as those imposed by ARRA.
---------------------------------------------------------------------------
\3\ ARRA provides that COBRA election notices already provided
for qualifying events occurring during this time period but which
did not include information on the availability of the premium
reduction are not complete. As such, the end of the 60-day period
for electing COBRA continuation coverage is measured from when a
complete notice is provided. Moreover, although under COBRA a timely
election may require a plan to make coverage available retroactively
to the date of the loss of coverage, ARRA provides no new
requirement for a plan to allow an individual to elect COBRA
continuation coverage for any period prior to the first coverage
period beginning on or after February 17, 2009.
---------------------------------------------------------------------------
c. Alternative Notice
The Alternative Notice is required to be sent by issuers that offer
group health insurance coverage that is subject to continuation
coverage requirements imposed by State law. The Alternative Notice must
include the information described above and be provided to ALL
qualified beneficiaries, not just covered employees, who have
experienced a qualifying event at any time from September 1, 2008
through December 31, 2009, regardless of the type of qualifying event.
Continuation coverage requirements vary among States. Thus, the
Department crafted a single version of this notice that should be
modified to reflect the requirements of the applicable State law.
Issuers of group health insurance coverage subject to this notice
requirement should feel free to use the model Alternative Notice or the
abbreviated model General Notice (as appropriate).
d. Notice in Connection With Extended Election Periods
The Notice in Connection with Extended Election Periods is required
to be sent by plans that are subject to COBRA continuation provisions
under Federal law. It must include the information described above and
be provided to any Assistance Eligible Individual (or any individual
who would be an Assistance Eligible Individual if a COBRA continuation
coverage election were in effect) who: had a qualifying event at any
time from September 1, 2008 through February 16, 2009; AND either did
not elect COBRA continuation coverage or who elected but subsequently
discontinued COBRA. This notice MUST be provided by April 18, 2009,
which is 60 days after the date ARRA was enacted.\4\
---------------------------------------------------------------------------
\4\ ARRA could be read to require Assistance Eligible
Individuals with qualifying events from September 1, 2008 through
February 16, 2009 who are already enrolled in COBRA coverage to
receive both a General Notice and a Notice in Connection with
Extended Election Periods with duplicate content. Because the COBRA
election information would be of no practical importance to
individuals already enrolled, plans may send just the abbreviated
General Notice to such individuals and satisfy both ARRA notice
requirements if the 60-day time frame for providing the Notice in
Connection with Extended Election Periods is satisfied.
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III. For Additional Information
For additional information about ARRA's COBRA premium reduction
provisions, contact the Department's Employee Benefits Security
Administration's Benefits Advisors at 1-866-444-3272. In addition, the
Employee Benefits Security Administration has developed a dedicated
COBRA Web page https://www.dol.gov/COBRA that will contain information
on the program as it is developed. Subscribe to this page to get up-to-
date fact sheets, FAQs, model notices, and applications.
IV. Paperwork Reduction Act Statement
According to the Paperwork Reduction Act of 1995 (Pub. L. 104-13)
(PRA), no persons are required to respond to a collection of
information unless such collection displays a valid Office of
Management and Budget (OMB) control number. The Department notes that a
Federal agency cannot conduct or sponsor a collection of information
unless it is approved by OMB under the PRA, and displays a currently
valid OMB control number, and the public is not required to respond to
a collection of information unless it displays a currently valid OMB
control number. See 44 U.S.C. 3507. Also, notwithstanding any other
provisions of law, no person shall be subject to penalty for failing to
comply with a collection of information if the collection of
information does not
[[Page 11973]]
display a currently valid OMB control number. See 44 U.S.C. 3512.
This Notice revises the collections of information contained in the
ICR titled Notice Requirements of the Health Care Continuation Coverage
Provisions approved under OMB Control Number 1210-0123. OMB has
approved this revision to the ICR pursuant to the emergency review
procedures under 5 CFR 1320.13. The public reporting burden for this
collection of information is estimated to average approximately 7
minutes per respondent, including time for gathering and maintaining
the data needed to complete the required disclosure. Interested parties
are encouraged to send comments regarding the burden estimate or any
other aspect of this collection of information, including suggestions
for reducing this burden, to the U.S. Department of Labor, Office of
the Chief Information Officer, Attention: Departmental Clearance
Officer, 200 Constitution Avenue, NW., Room N-1301, Washington, DC
20210 or e-mail DOL_PRA_PUBLIC@dol.gov and reference the OMB Control
Number 1210-0123.
V. Models
The Department has decided to make the model notices available in
modifiable, electronic form on its Web site: https://www.dol.gov/COBRA.
VI. Statutory Authority
Authority: 29 U.S.C. 1027, 1059, 1135, 1161-1169, 1191c; Public
Law 111-5, 123 Stat. 115; sec. 3001(a)(5), 3001(a)(2)(C),
3001(a)(7), and Secretary of Labor's Order No. 1-2003, 68 FR 5374
(Feb. 3, 2003).
Signed at Washington, DC this 17th day of March 2009.
Alan D. Lebowitz,
Deputy Assistant Secretary, Employee Benefits Security Administration.
[FR Doc. E9-6131 Filed 3-19-09; 8:45 am]
BILLING CODE 4510-29-P
