Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

# ACTION:

Notice of availability; request for comments.

# SUMMARY:

The Department of Labor (DOL) is submitting this Employee 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 May 25, 2022.

# 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.                    

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) if the information will be processed and used in a timely manner; (3) 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; (4) ways to enhance the quality, utility and clarity of the information collection; and (5) 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.

# FOR FURTHER INFORMATION CONTACT:

                        Mara Blumenthal by telephone at 202-693-8538, or by email at                         *DOL_PRA_PUBLIC@dol.gov.*

# SUPPLEMENTARY INFORMATION:

                    On December 27, 2020, the Consolidated Appropriations Act, 2021 (CAA), which includes the No Surprises Act, was signed into law. The No Surprises Act provides Federal protections against surprise billing and limits out-of-network cost sharing under many of the circumstances in which surprise bills arise most frequently. Section 102 of the No Surprises Act added Code section 9816, ERISA section 716, and PHS Act section 2799A-1, which contain limitations on cost sharing and requirements for initial payments for emergency services. In addition, Section 103 of the No Surprises Act amended Code section 9816, ERISA section 716, and PHS Act section 2799A-1 to establish a Federal independent dispute resolution (Federal IDR) process that nonparticipating providers or facilities and group health plans and health insurance issuers in the group and individual market may use following the end of an unsuccessful open negotiation period to determine the out-of-network rate for certain services. The Federal IDR process requires a number of disclosures from plans, issuers, FEHB carriers, and nonparticipating providers or nonparticipating emergency facilities. For additional substantive information about this ICR, see the related notice published in the                     **Federal Register**                     on November 9, 2021 (86 FR 62206). On April 5, 2022, the Department of Labor submitted another emergency request to revise the ICR to remove language to be consistent with the federal court ruling in the U.S. District Court for the Eastern District of Texas on the Interim Final Rule, Requirements Related to Surprise Billing; Part II (                    *Texas Medical Association*                     v.                     *HHS*). The ICR Revision was approved by OMB on April 11, 2022. The Departments welcome comments on those revisions. For additional substantive information, see the related submission at                     *https://www.reginfo.gov/​public/​do/​PRAOMBHistory?​ombControlNumber=​1210-0169.*

                    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:*                     No Surprises Act: IDR Process.                

*OMB Control Number:*                     1210-0169.                

*Affected Public:*                     Private Sector—Businesses or other for-profits and not-for-profit institutions.                

*Total Estimated Number of Respondents:*                     22,428.                

*Total Estimated Number of Responses:*                     36,964.                

*Total Estimated Annual Time Burden:*                     68,193 hours.                

*Total Estimated Annual Other Costs Burden:*                     $545,727.                

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

 Dated: April 19, 2022.

Mara Blumenthal,

Senior PRA Analyst.

[FR Doc. 2022-08684 Filed 4-22-22; 8:45 am]

BILLING CODE 4510-29-P