Proposed Extension of Information Collection Request Submitted for Public Comment; COBRA Notification Requirements-American Recovery and Reinvestment Act of 2009 as Amended, 16841-16842 [2010-7499]
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Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
Administration is soliciting comments
on the Model CHIP Employer Notice. A
copy of the information collection
request (ICR) may be obtained by
contacting the office listed in the
ADDRESSES section of this notice.
DATES: Written comments must be
submitted to the office shown in the
ADDRESSES section on or before June 1,
2010.
ADDRESSES: Direct all written comments
regarding the information collection
request and burden estimates to G.
Christopher Cosby, Office of Policy and
Research, Employee Benefits Security
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room N–5647, Washington, DC 20210.
Telephone: (202) 693–8410; Fax: (202)
219–4745. These are not toll-free
numbers. Comments may also be
submitted electronically to the
following Internet e-mail address:
ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 4, 2009, President
Obama signed the Children’s Health
Insurance Program Reauthorization Act
of 2009 (CHIPRA, Pub. L. 111–3). Under
ERISA section 701(f)(3)(B)(i)(I), PHS Act
section 2701(f)(3)(B)(i)(I), and section
9801(f)(3)(B)(i)(I) of the Internal
Revenue Code, as added by CHIPRA, an
employer that maintains a group health
plan in a State that provides medical
assistance under a State Medicaid plan
under title XIX of the Social Security
Act (SSA), or child health assistance
under a State child health plan under
title XXI of the SSA, in the form of
premium assistance for the purchase of
coverage under a group health plan, is
required to make certain disclosures.
Specifically, the employer is required to
notify each employee of potential
opportunities currently available in the
State in which the employee resides for
premium assistance under Medicaid
and CHIP for health coverage of the
employee or the employee’s
dependents.
ERISA section 701(f)(3)(B)(i)(II)
requires the Department of Labor to
provide employers with model language
for the Employer CHIP Notices to enable
them to timely comply with this
requirement. The Model Employer CHIP
Notice is required to include
information on how an employee may
contact the State in which the employee
resides for additional information
regarding potential opportunities for
premium assistance, including how to
apply for such assistance.
Section 311(b)(1)(D) of CHIPRA
provides that the Departments of Labor
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16:40 Apr 01, 2010
Jkt 220001
and Health and Human Services shall
develop the initial Model Employer
CHIP Notice under ERISA section
701(f)(3)(B)(i)(II), and the Department of
Labor shall provide such notices to
employers, by February 4, 2010.
Moreover, each employer is required to
provide the initial annual notices to
such employer’s employees beginning
with the first plan year that begins after
the date on which the initial model
notices are first issued. The ICR relates
to the Model Employer CHIP Notice.
On January 26, 2010, the Office of
Management and Budget (OMB)
approved the Model Employer CHIP
Notice under OMB Control Number
1210–0137 pursuant to the emergency
procedures for review and clearance in
accordance with the Paperwork
Reduction Act of 1995 (P.L. 104–13, 44
U.S.C. Chapter 35) and 5 CFR 1320.13.
On February 4, 2010, the Department
published a Federal Register notice (75
FR 5808) announcing the availability of
the Model Employer CHIP Notice on its
Web site. OMB’s approval of the notice
currently is schedule to expire on July
31, 2010.
II. Current Actions
This notice requests public comment
pertaining to the Department’s request
for extension of OMB’s approval of the
Model CHIP Employer Notice (OMB
Control Number 1210–0137). After
considering comments received in
response to this notice, the Department
intends to submit an ICR to OMB for
continuing approval. No change to the
existing ICR is proposed or made at this
time. The Department notes that an
agency may not conduct or sponsor, and
a person is not required to respond to,
an information collection unless it
displays a valid OMB control number. A
summary of the ICR and the current
burden estimates follows:
Agency: Employee Benefits Security
Administration.
Title of Collection: Model Employer
CHIP Notice.
Type of Collection: New.
OMB Control Number: 1210–0137.
Frequency of Collection: On occasion.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Total Estimated Number of
Respondents: 7,056,000.
Total Estimated Number of
Responses: 203,794,701.
Total Estimated Annual Burden
Hours: 1,053,000.
Total Net Estimated Annual Costs
Burden (other than hourly costs):
$25,271,000.
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
16841
III. Desired Focus of Comments
The Department of Labor
(Department) is particularly interested
in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
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., by permitting electronic
submissions of responses.
Comments submitted in response to
this notice will be summarized and/or
included in the ICR for OMB approval
of the extension of the information
collection; they will also become a
matter of public record.
Dated: March 29, 2010.
Joseph S. Piacentini,
Director, Office of Policy and Research,
Employee Benefits Security Administration.
[FR Doc. 2010–7500 Filed 4–1–10; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
Proposed Extension of Information
Collection Request Submitted for
Public Comment; COBRA Notification
Requirements—American Recovery
and Reinvestment Act of 2009 as
Amended
AGENCY: Employee Benefits Security
Administration, Department of Labor.
ACTION: Notice.
SUMMARY: The Department of Labor (the
Department), in accordance with the
Paperwork Reduction Act of 1995 (PRA
95) (44 U.S.C. 3506(c)(2)(A)), provides
the general public and Federal agencies
with an opportunity to comment on
proposed and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the reporting burden on the public and
helps the public understand the
E:\FR\FM\02APN1.SGM
02APN1
16842
Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
Department’s information collection
requirements and provide the requested
data in the desired format. Currently,
the Employee Benefits Security
Administration is soliciting comments
on the revision of the information
collection provisions of its final rule at
29 CFR part 2590, Health Care
Continuation Coverage to reflect the
hour and cost burden associated with
the COBRA notification requirements
under the American Recovery and
Reinvestment Act of 2009 as amended
by the Department of Defense
Appropriations Act of 2010 (Pub. L.
111–118). A copy of the information
collection request (ICR) may be obtained
by contacting the office listed in the
ADDRESSES section of this notice.
DATES: Written comments must be
submitted to the office shown in the
ADDRESSES section on or before June 1,
2010.
ADDRESSES: Direct all written comments
regarding the information collection
request and burden estimates to G.
Christopher Cosby, Office of Policy and
Research, Employee Benefits Security
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room N–5647, Washington, DC 20210.
Telephone: (202) 693–8410; Fax: (202)
219–4745. These are not toll-free
numbers. Comments may also be
submitted electronically to the
following Internet e-mail address:
ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The continuation coverage provisions
of section 601 through 608 of ERISA
(and parallel provisions of the Internal
Revenue Code (Code)) generally require
group health plans to offer qualified
beneficiaries’ the opportunity to elect
continuation coverage following certain
events that would otherwise result in
the loss of coverage. Continuation
coverage is a temporary extension of the
qualified beneficiary’s previous group
health coverage. The right to elect
continuation coverage allows
individuals to maintain group health
coverage under adverse circumstances
and to bridge gaps in health coverage
that otherwise could limit their access
to health care.
COBRA provides the Secretary of
Labor (the Secretary) with authority
under section 608 of ERISA to carry out
the continuation coverage provisions.
The Conference Report that
accompanied COBRA divided
interpretive authority over the COBRA
provisions between the Secretary and
the Secretary of the Treasury (the
Treasury) by providing that the
VerDate Nov<24>2008
16:40 Apr 01, 2010
Jkt 220001
Secretary has the authority to issue
regulations implementing the notice and
disclosure requirements of COBRA,
while the Treasury is authorized to
issue regulations defining the required
continuation coverage.
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 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. On
December 19, 2009, President Obama
signed the Department of Defense
Appropriations Act of 2010 (Pub. L.
111–118), which amended the ARRA
COBRA provisions by extending the
availability of the health care
continuation coverage premium
reduction provided for COBRA and
other health care continuation coverage,
and the Department revised its model
notices to reflect these amendments..
On January 12, 2010, the Office of
Management and Budget (OMB)
approved the revised model notices as
a revision to OMB Control Number
1210–0123 under the emergency
procedures for review and clearance in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. Chapter 35) and 5 CFR
1320.13. On January 15, 2010, the
Department published a Federal
Register notice (75 FR 2562)
announcing the availability of the
revised model health care continuation
coverage notices required by ARRA as
amended on its Web site at https://
www.dol.gov/ebsa/
COBRAmodelnotice.html. OMB’s
approval of the revision currently is
schedule to expire on July 31, 2010.
II. Current Actions
This notice requests public comment
pertaining to the Department’s request
for extension of OMB’s approval of its
revision to OMB Control Number 1210–
0123 relating to the revised ARRA
model notices. After considering
comments received in response to this
notice, the Department intends to
submit an ICR to OMB for continuing
approval. No change to the existing ICR
is proposed or made at this time. The
Department notes that an agency may
not conduct or sponsor, and a person is
not required to respond to, an
information collection unless it displays
a valid OMB control number. A
PO 00000
Frm 00124
Fmt 4703
Sfmt 9990
summary of the ICR and the current
burden estimates follows:
Agency: Employee Benefits Security
Administration, Department of Labor.
Title: COBRA Notification
Requirements—American Recovery and
Reinvestment Act of 2009 as amended.
Type of Review: Revision of a
currently approved collection of
information.
OMB Number: 1210–0123.
Affected Public: Individuals or
households; Business or other for-profit;
Not-for-profit institutions.
Respondents: 593,000.
Frequency of Responses: On occasion.
Responses: 38,115,000.
Estimated Total Burden Hours: None.
Estimated Total Burden Cost
(Operating and Maintenance):
$34,500,000.
III. Desired Focus of Comments
The Department of Labor
(Department) is particularly interested
in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
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., by permitting electronic
submissions of responses.
Comments submitted in response to
this notice will be summarized and/or
included in the ICR for OMB approval
of the extension of the information
collection; they will also become a
matter of public record.
Dated: March 29, 2010.
Joseph S. Piacentini,
Director, Office of Policy and Research,
Employee Benefits Security Administration.
[FR Doc. 2010–7499 Filed 4–1–10; 8:45 am]
BILLING CODE 4510–29–P
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02APN1
]]>Agencies
[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16841-16842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7499]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment; COBRA Notification Requirements--American Recovery
and Reinvestment Act of 2009 as Amended
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (the Department), in accordance with
the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)),
provides the general public and Federal agencies with an opportunity to
comment on proposed and continuing collections of information. This
helps the Department assess the impact of its information collection
requirements and minimize the reporting burden on the public and helps
the public understand the
[[Page 16842]]
Department's information collection requirements and provide the
requested data in the desired format. Currently, the Employee Benefits
Security Administration is soliciting comments on the revision of the
information collection provisions of its final rule at 29 CFR part
2590, Health Care Continuation Coverage to reflect the hour and cost
burden associated with the COBRA notification requirements under the
American Recovery and Reinvestment Act of 2009 as amended by the
Department of Defense Appropriations Act of 2010 (Pub. L. 111-118). A
copy of the information collection request (ICR) may be obtained by
contacting the office listed in the ADDRESSES section of this notice.
DATES: Written comments must be submitted to the office shown in the
Addresses section on or before June 1, 2010.
ADDRESSES: Direct all written comments regarding the information
collection request and burden estimates to G. Christopher Cosby, Office
of Policy and Research, Employee Benefits Security Administration, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5647,
Washington, DC 20210. Telephone: (202) 693-8410; Fax: (202) 219-4745.
These are not toll-free numbers. Comments may also be submitted
electronically to the following Internet e-mail address:
ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The continuation coverage provisions of section 601 through 608 of
ERISA (and parallel provisions of the Internal Revenue Code (Code))
generally require group health plans to offer qualified beneficiaries'
the opportunity to elect continuation coverage following certain events
that would otherwise result in the loss of coverage. Continuation
coverage is a temporary extension of the qualified beneficiary's
previous group health coverage. The right to elect continuation
coverage allows individuals to maintain group health coverage under
adverse circumstances and to bridge gaps in health coverage that
otherwise could limit their access to health care.
COBRA provides the Secretary of Labor (the Secretary) with
authority under section 608 of ERISA to carry out the continuation
coverage provisions. The Conference Report that accompanied COBRA
divided interpretive authority over the COBRA provisions between the
Secretary and the Secretary of the Treasury (the Treasury) by providing
that the Secretary has the authority to issue regulations implementing
the notice and disclosure requirements of COBRA, while the Treasury is
authorized to issue regulations defining the required continuation
coverage.
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 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. On December 19, 2009, President
Obama signed the Department of Defense Appropriations Act of 2010 (Pub.
L. 111-118), which amended the ARRA COBRA provisions by extending the
availability of the health care continuation coverage premium reduction
provided for COBRA and other health care continuation coverage, and the
Department revised its model notices to reflect these amendments..
On January 12, 2010, the Office of Management and Budget (OMB)
approved the revised model notices as a revision to OMB Control Number
1210-0123 under the emergency procedures for review and clearance in
accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44
U.S.C. Chapter 35) and 5 CFR 1320.13. On January 15, 2010, the
Department published a Federal Register notice (75 FR 2562) announcing
the availability of the revised model health care continuation coverage
notices required by ARRA as amended on its Web site at https://www.dol.gov/ebsa/COBRAmodelnotice.html. OMB's approval of the revision
currently is schedule to expire on July 31, 2010.
II. Current Actions
This notice requests public comment pertaining to the Department's
request for extension of OMB's approval of its revision to OMB Control
Number 1210-0123 relating to the revised ARRA model notices. After
considering comments received in response to this notice, the
Department intends to submit an ICR to OMB for continuing approval. No
change to the existing ICR is proposed or made at this time. The
Department notes that an agency may not conduct or sponsor, and a
person is not required to respond to, an information collection unless
it displays a valid OMB control number. A summary of the ICR and the
current burden estimates follows:
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: COBRA Notification Requirements--American Recovery and
Reinvestment Act of 2009 as amended.
Type of Review: Revision of a currently approved collection of
information.
OMB Number: 1210-0123.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Respondents: 593,000.
Frequency of Responses: On occasion.
Responses: 38,115,000.
Estimated Total Burden Hours: None.
Estimated Total Burden Cost (Operating and Maintenance):
$34,500,000.
III. Desired Focus of Comments
The Department of Labor (Department) is particularly interested in
comments that:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including 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., by
permitting electronic submissions of responses.
Comments submitted in response to this notice will be summarized
and/or included in the ICR for OMB approval of the extension of the
information collection; they will also become a matter of public
record.
Dated: March 29, 2010.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. 2010-7499 Filed 4-1-10; 8:45 am]
BILLING CODE 4510-29-P
