[Federal Register Volume 75, Number 237 (Friday, December 10, 2010)]
[Notices]
[Page 77002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31105]



[[Page 77002]]

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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; Affordable Care Act Internal Claims and Appeals and 
External Review Procedures for Non-Grandfathered Plans

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.

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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 public's reporting burden. It also helps 
the public understand the Department's information collection 
requirements and provide the requested data in the desired format. The 
Employee Benefits Security Administration (EBSA) is soliciting comments 
on the proposed extension of the information collection provisions of 
the regulations under the Patient Protection and Affordable Care Act 
(Affordable Care Act) that are discussed below. A copy of the 
information collection requests (ICRs) may be obtained by contacting 
the office listed in the ADDRESSES section of this notice. ICRs also 
are available at reginfo.gov (http://www.reginfo.gov/public/do/PRAMain).

DATES: Written comments must be submitted to the office shown in the 
Addresses section on or before February 8, 2011.

ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue, NW., Washington, DC 
20210, (202) 693-8410, FAX (202) 693-4745 (these are not toll-free 
numbers).

SUPPLEMENTARY INFORMATION: This notice requests public comment on the 
Department's request for extension of the Office of Management and 
Budget's (OMB) approval of the information collection requests (ICRs) 
contained in the rule described below that relates to the Affordable 
Care Act. OMB approved the ICR 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. The 
Department is not proposing any changes to the existing ICRs at this 
time. 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 ICRs and the current burden 
estimates follows:
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Affordable Care Act Internal Claims and Appeals and External 
Review Procedures for Non-grandfathered Plans.
    Type of Review: Extension without change of a currently approved 
collection of information.
    OMB Number: 1210-0144.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 606,709.
    Responses: 61,803.
    Estimated Total Burden Hours: 263.
    Estimated Total Burden Cost (Operating and Maintenance): $242,828.
    Description: The Affordable Care Act added Public Health Service 
Act (PHS Act) section 2719, which provides rules relating to internal 
claims and appeals and external review processes. On July 23, 2010, 
interim final regulations were issued implementing PHS Act section 2719 
for internal claims and appeals and external review processes.\1\ With 
respect to internal claims and appeals processes for group health 
coverage, PHS Act section 2719 and paragraph (b)(2)(i) of the interim 
final regulations provide that group health plans and health insurance 
issuers offering group health insurance coverage must comply with the 
internal claims and appeals processes set forth in 29 CFR 2560.503-1 
(the DOL claims procedure regulation) and update such processes in 
accordance with standards established by the Secretary of Labor in 
paragraph (b)(2)(ii) of the regulations.
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    \1\ 75 FR 43330.
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    PHS Act section 2719 and the interim final regulations also provide 
that group health plans and issuers offering group health insurance 
coverage must comply either with a State external review process or a 
Federal review process. The regulations provide a basis for determining 
when plans and issuers must comply with an applicable State external 
review process and when they must comply with the Federal external 
review process.
    The claims procedure regulation imposes information collection 
requests (ICRs) as part of the reasonable procedures that an employee 
benefit plan must establish regarding the handling of a benefit claim. 
These requirements include third-party notice and disclosure 
requirements that the plan must satisfy by providing information to 
participants and beneficiaries of the plan. The ICR currently is 
scheduled to expire on February 28, 2011.

 Focus of Comments

    The Department of Labor (Department) is particularly interested in 
comments that:
    <bullet> Evaluate whether the collections of information are 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    <bullet> Evaluate the accuracy of the agency's estimate of the 
collections of information, including the validity of the methodology 
and assumptions used;
    <bullet> Enhance the quality, utility, and clarity of the 
information to be collected; and
    <bullet> Minimize the burden of the collections 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 ICRs for OMB approval of the extension of the 
information collection; they will also become a matter of public 
record.

    Dated: November 29, 2010.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. 2010-31105 Filed 12-9-10; 8:45 am]
BILLING CODE 4510-29-P