[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81552-81553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23196]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Coverage of Certain Preventive Services Under 
the Affordable Care Act-Private Sector

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Employee

[[Page 81553]]

Benefits Security Administration (EBSA)-sponsored information 
collection request (ICR) to the Office of Management and Budget (OMB) 
for review and approval in accordance with the Paperwork Reduction Act 
of 1995 (PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that the agency 
receives on or before November 7, 2024.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
693-6782, or by email at <a href="/cdn-cgi/l/email-protection#de9a9192818e8c9f818e8b9c92979d9ebab1b2f0b9b1a8"><span class="__cf_email__" data-cfemail="c1858e8d9e9193809e9194838d888281a5aeadefa6aeb7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Patient Protection and Affordable Care 
Act, Public Law 111-148, (the Affordable Care Act) was enacted on March 
23, 2010 and amended by the Health Care and Education Reconciliation 
Act of 2010, Public Law 111-152 on March 30, 2010. The Affordable Care 
Act added section 2713 to the Public Health Service (PHS) Act and 
incorporated this provision into ERISA and the Code. The Departments of 
Health and Human Services, Labor, and Treasury first published interim 
final rules on July 19, 2010, which implements the requirements of PHS 
Act section 2713, including the requirement that non-grandfathered 
group health insurance coverage to provide benefits for certain 
preventive services without cost sharing, including benefits for 
certain women's preventive health services as provided for in 
comprehensive guidelines supported by the Health Resources and Services 
Administration. The Departments subsequently published regulations 
establishing an exemption for certain religious objectors with respect 
to the requirement to cover contraception pursuant to comprehensive 
guidelines supported by HRSA.
    In 2013, the Department issued final rules, which clarified the 
definition of religious employer for purposes of the religious employer 
exemption and also provided accommodations for health coverage 
established or maintained or arranged by certain nonprofit religious 
organizations with religious objections to contraceptive services 
(eligible organizations). The 2018 final rules expanded the exemption 
to include additional entities (any kind of employer) and persons that 
object based on religious beliefs or moral convictions objecting to 
contraceptive or sterilization coverage, and by making the 
accommodation compliance process optional for eligible organizations 
instead of mandatory. The regulations contain the following collections 
of information. First, each organization seeking to be treated as an 
eligible organization for the optional accommodation process offered 
under the regulation must either notify an issuer or third-party 
administrator using the EBSA Form 700 method of self-certification or 
provide notice to HHS of its religious or moral objection to coverage 
of all or a subset of contraceptive services. Second, a health 
insurance issuer or third-party administrator providing or arranging 
separate payments for contraceptive services for participants and 
beneficiaries in insured plans (or student enrollees and covered 
dependents in student health insurance coverage) of eligible 
organizations is required to provide a written notice to plan 
participants and beneficiaries (or student enrollees and covered 
dependents) informing them of the availability of such payments. The 
notice must be separate from but, contemporaneous with (to the extent 
possible) any application materials distributed in connection with 
enrollment (or re-enrollment) in group or student coverage of the 
eligible organization in any plan year to which the accommodation is to 
apply and will be provided annually. To satisfy the notice requirement, 
issuers may, but are not required to, use the model language set forth 
in the 2018 final rules or substantially similar language. Third, an 
eligible organization may also revoke its use of the accommodation 
process and must provide participants and beneficiaries written notice 
of such revocation as soon as possible. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on February 5, 2024 (89 FR 7732).
    Comments are invited on: (1) whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information collection; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-EBSA.
    Title of Collection: Coverage of Certain Preventive Services under 
the Affordable Care Act-Private Sector.
    OMB Control Number: 1210-0150.
    Affected Public: Private sector, Business or other for profits.
    Total Estimated Number of Respondents: 60.
    Total Estimated Number of Responses: 595,312.
    Total Estimated Annual Time Burden: 72 hours.
    Total Estimated Annual Other Costs Burden: $181,222.

(Authority: 44 U.S.C. 3507(a)(1)(D))

Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2024-23196 Filed 10-7-24; 8:45 am]
BILLING CODE 4510-29-P


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