I UnitedHealthcare 

October 27, 2017 

Office of Regulations and Interpretations 

Employee Benefits Security Administration 

Room N-5655 

U.S. Department of Labor 

200 Constitution Ave., NW 

Washington DC 2021 0 

Re: Claims Procedure for Plans Providing Disability 

Benefits (RIN 1210-AB39) 

Submitted Electronically: www.regulations.gov 

Dear Sir/Madam: 

UnitedHealthcare (UHC) is submitting comments in response to a Proposed Rule from the 

Employee Benefits Security Administration (EBSA) delaying the application date of new 

requirements with respect to claims for disability benefits under employee benefit plans subject 

to the Employee Retirement Income Security Act. The Proposed Rule was published in the 

Federal Register on October 12, 2017 (82 Fed. Reg. 47409). UHC provides coverage and 

administrative services on behalf of employee plans for short- and long-term disability income 

benefits. The goal of these programs is to provide income security for disabled workers and 

ensure they have the resources to return to work if possible after an injury. 

UHC is dedicated to helping people live healthier lives and making our nation's health care 

system work better for everyone. UHC serves the health care needs of more than 100 million 

people worldwide, funding and arranging health care on behalf of individuals, employers and the 

government. As America's most diversified health and well-being company, we not only serve 

many of the country's most respected employers, but we are also the nation's largest Medicare 

health plan- serving nearly one in five seniors nationwide - and one of the largest Medicaid 

health plans, supporting underserved communities in 24 states and the District of Columbia. 

Recognized as America's most innovative company in our industry by Fortune magazine for six 

years in a row, we bring innovative health care solutions to scale to help create a modem health 

care system that is more accessible, affordable, and personalized for all Americans. 

The Proposed Rule delays the application date of the disability claims standards for 90 days from 

January 1, 2018 to April 1, 2018. According to the Preamble to the Proposed Rule, this 

extension is intended to give stakeholders time to submit information on the potential costs and 

operational challenges arising from the new requirements and any impacts that might result in 

premium increases or decisions by employers to drop or scale back coverage. The EBSA is 

asking for this feedback by December 11 , 2017. 
October 27, 2017 

Page 2 

UHC has been working diligently to adopt the revised· claim standards and we are confident the 

new rules will be operational for claims filed on or after January 1, 2018, as originally intended. 

That said, we appreciate the concerns raised by stakeholders regarding the cost and operational 

changes that are necessary to implement the new claims procedures. We also agree that the 

regulatory impact statement prepared by EBSA in connection with the new standards did not 

adequately assess the potential effects of the changes made to the disability claims rules. 

UHC is concerned that 90 days is insufficient for EBSA to give full consideration to any data or 

other comments submitted in response to the request for information. In addition, the December 

11 deadline for public comment may not provide enough time for stakeholders to respond. The 

Preamble lists 12 specific categories of information EBSA is requesting including data on the 

pricing of coverage, amount of paid benefits, costs for providing assistance to non-English 

speaking claimants, and the potential impact of the new requirements on the ability of employers 

to provide coverage. We think it is critical for EBSA to give the public additional time to 

comment and for the agency to respond with any modifications to the rules based on that input. 

It should also be noted that group plans and plan administrators must be provided a sufficient 

timeframe to implement any additional changes to the rules that may be adopted by the EBSA. 

The new requirements were published in the Federal Register on December 19, 2016 and group 

plans were given until January 1, 2018 to come into compliance. A similar timeline should be 

considered should the EBSA decide to modify the rules. 

UHC recommends that EBSA extend the timeframe for public comment past the December 11, 

2017 deadline. In addition, the application date of the rule should be delayed to give EBSA 

enough time to fully consider any public input and decide whether any of the new requirements 

should be modified. 

We appreciate the opportunity to provide comments and look forward to working with the EBSA 

on these issues. 

Sincerely, 

~\ c.---­

A av«.G:ui 

Deputy General Counsel 

UnitedHealthcare