Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices 52599 

3For rules regarding the form and manner of 

notice, see 26 CFR 54.9815–2719T(e), 29 CFR 

2590.715–2719(e), and 45 CFR 147.136(e). 

the Internal Revenue Service also will 

not take enforcement action against a 

plan that voluntarily complies with the 

provisions of a State external review 

process that would not otherwise be 

applicable or available. 

The Departments will issue guidance 

regarding what process will apply under 

26 CFR 54.9815–2719T(d), 29 CFR 

2590.715–2719(d), and 45 CFR 

147.136(d) no later than July 1, 2011 to 

replace the interim process. 

III. Interim Federal External Review 

Process for Issuers 

For issuers in the individual market 

and the small group and large group 

health insurance markets (including 

fully-insured group health plans), there 

will be an interim enforcement safe 

harbor which will apply only for plan 

years (in the individual market, policy 

years) beginning on or after September 

23, 2010 and until superseded by future 

guidance on the Federal external review 

process that is being developed and that 

will apply after this interim period. 

During this limited interim enforcement 

safe harbor period, HHS will not take 

any enforcement action against an issuer 

that complies with the interim 

compliance method that will be detailed 

by HHS on the Office of Consumer 

Information and Insurance Oversight 

Web site (http://www.hhs.gov/ociio/). 

This method will either involve use of 

a State external appeals process or a 

temporary process established by HHS. 

Prior to July 1, 2011, HHS will issue 

further guidance as to which State 

external review laws have been 

determined to satisfy the minimum 

standards of the NAIC Model Act as 

identified in 45 CFR 147.136(c). The 

Departments will issue guidance 

regarding what process will apply under 

26 CFR 54.9815–2719T(d), 29 CFR 

2590.715–2719(d), and 45 CFR 

147.136(d) no later than July 1, 2011 to 

replace the interim process. 

IV. Model Notices 

Model notices that can be used to 

satisfy the disclosure requirements of 

the interim final regulations 3 are being 

posted on the Department of Labor’s 

Web site at http://www.dol.gov/ebsa and 

the Department of HHS/Office of 

Consumer Information and Insurance 

Oversight Web site at http:// 

www.hhs.gov/ociio/. These models 

include: 

(1) A notice of adverse benefit 

determination; 

(2) A notice of final internal adverse 

benefit determination; and 

(3) A notice of final external review 

decision. 

Model language for the description of 

the internal claims and appeals and 

external review procedures in the 

summary plan description provided to 

participants and beneficiaries will be 

posted on these websites in the future. 

Please note that the Departments 

accounted for the actual costs of the 

external appeal process taking into 

account the model notices when the 

interim final regulations were issued. 

Signed: August 19, 2010. 

Sarah Hall Ingram, 

Acting Deputy Commissioner for Services and 

Enforcement, Internal Revenue Service. 

Signed: August 20, 2010. 

Michael L. Davis, 

Deputy Assistant Secretary, Employee 

Benefits Security Administration, Department 

of Labor. 

Dated: August 20, 2010. 

Jay Angoff, 

Director, Office of Consumer Information and 

Insurance Oversight. 

[FR Doc. 2010–21206 Filed 8–23–10; 11:15 am] 

BILLING CODE 4830–01–P; 4510–29–P; 4120–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Members of Senior Executive Service 

Performance Review Boards; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice. 

SUMMARY: This document contains a 

correction to a notice that was 

published in the Federal Register on 

Wednesday, August 18, 2010 (75 FR 

51168) providing the list of names of 

those IRS employees who will serve as 

members on IRS’ Fiscal Year 2010 

Senior Executive Service (SES) 

Performance Review Boards. 

DATES: This notice is effective on 

September 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Sharnetta Walton, 1111 Constitution 

Avenue, NW., Room 2403, Washington, 

DC 20224, (202) 283–6246. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice that is the subject of this 

correction is pursuant to 5 U.S.C. 

4314(c)(4) and announces the 

appointment of members to the Internal 

Revenue Service’s SES Performance 

Review Boards. 

Need for Correction 

As published, the notice for Members 

of Senior Executive Service Performance 

Review Boards contains an error that 

may prove to be misleading and is in 

need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

notice for Members of Senior Executive 

Service Performance Review Boards, 

which was the subject of FR Doc. 2010– 

20331, is corrected as follows: 

On page 51169, column 1, in the 

preamble, under the caption 

SUPPLEMENTARY INFORMATION, the 

language ‘‘Charles Hunter, Director of 

Field Operations (CI)’’ is inserted 

between lines 16 and 17 of the column. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. 2010–21272 Filed 8–25–10; 8:45 am] 

BILLING CODE 4830–01–P 

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