[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Rules and Regulations]
[Page 36205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17635]



[[Page 36205]]

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DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration

29 CFR Part 2520

RIN 1210-AA55


Interim Rules for Amending ERISA Disclosure Requirements for 
Group Health Plans; Approval of Information Collection Requirements

AGENCY: Pension and Welfare Benefits Administration, Department of 
Labor.

ACTION: Interim rules; approval of information collection requirements.

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SUMMARY: On April 8, 1997, the Department of Labor published interim 
final rules governing disclosure requirements for private sector group 
health plans (62 FR 16979). The rules implemented changes made to 
certain provisions of the Employee Retirement Income Security Act of 
1974 (ERISA), enacted as part of the Health Insurance Portability and 
Accountability Act of 1996 (HIPAA) and the Newborns' and Mothers' 
Health Protection Act of 1996 (NMHPA). In the April 8 publication, the 
Department submitted its revision of the currently approved collection 
regarding Summary Plan Description requirements under ERISA to the 
Office of Management and Budget (OMB) for emergency review under the 
Paperwork Reduction Act of 1995 (PRA 95). This document amends the 
April 8 Federal Register document to properly display the OMB control 
number, 1210-0039.

DATES: These amendments are effective June 1, 1997.

FOR FURTHER INFORMATION CONTACT:
Gerald B. Lindrew, Office of Policy and Research, U.S. Department of 
Labor, Pension and Welfare Benefits Administration, 200 Constitution 
Avenue, N.W., Room N-5647, Washington, D.C. 20210; telephone (202) 219-
4782. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: The interim rules govern the content of the 
summary plan description (SPD) for group health plans, the furnishing 
of summaries of material reductions in covered services or benefits by 
group health plans, and the disclosure of SPD and related materials by 
group health plans through electronic media. The rules were adopted on 
an interim basis in order to accommodate statutorily established time 
frames for providing regulatory guidance.
    OMB reviewed the Department of Labor's collection of information 
requirements in accordance with the Paperwork Reduction Act of 1995 
(PRA 95), 44 U.S.C. chapter 35, and 5 CFR 1320.11. On May 30, 1997, OMB 
approved revision of the information collection requirements contained 
in 29 CFR 2520.102-3, 2520.104b-1, and 2520.104b-3 under OMB control 
number 1210-0039. This approval expires on December 31, 1997.

Statutory Authorities

    The interim regulation is adopted pursuant to authority contained 
in Section 505 of ERISA (Pub. L. 93-406, 88 Stat. 894, 29 U.S.C. 1135) 
and sections 104(b) and 734 of ERISA, as amended, (Pub. L. 104-191, 110 
Stat. 1936, 1951 and Pub. L. 104-204, 110 Stat. 2935, 29 U.S.C. 1024 
and 1191c) and under the Secretary of Labor's Order No. 1-87, 52 FR 
13139, April 21, 1987.

List of Subjects in 29 CFR Part 2520

    Accounting, Employee benefit plans, Employee Retirement Income 
Security Act, Group health plans, Health care, Health insurance, 
Pensions, Reporting and recordkeeping requirements, Welfare benefit 
plans.

    For the reasons set forth above, Part 2520 of Title 29 of the Code 
of Federal Regulations is amended as follows:

PART 2520--[AMENDED]

    1. The authority citation for Part 2520 continues to read as 
follows:

    Authority: Sec. 101, 102, 103, 104, 105, 109, 110, 111(b)(2), 
111(c), and 505, Pub. L. 93-406, 88 Stat. 840-52 and 894 (29 U.S.C. 
1021-25, 1029-31, and 1135); Secretary of Labor's Order No. 27-74, 
13-76, 1-87, and Labor Management Services Administration Order 2-6.
    Sections 2520.102-3, 2520.104b-1 and 2520.104b-3 are also issued 
under sec. 101 (a), (c) and (g)(4) of Pub. L. 104-191, 110 Stat. 
1936, 1939, 1951, and 1955 and sec. 603 of Pub. L. 104-204, 110 
Stat. 2935 (29 U.S.C. 1185 and 1191c).

    2. Section 2520.102-3 is amended by adding a parenthetical at the 
end of the section to read as follows:


Sec. 2520.102-3  Contents of summary plan description.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1210-0039.)

    3. Section 2520.104b-1 is amended by adding a parenthetical at the 
end of the section to read as follows:


Sec. 2520.104b-1  Disclosure.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1210-0039.)

    4. Section 2520.104b-3 is amended by adding a parenthetical at the 
end of the section to read as follows:


Sec. 2520.104b-3  Summary of material modifications to the plan and 
changes in the information required to be included in the summary plan 
description.

* * * * *
(Approved by the Office of Management and Budget under control 
number 1210-0039.)

    Signed at Washington D.C. this 1st day of July, 1997.
Alan D. Lebowitz,
Deputy Assistant Secretary for Program Operations, Pension and Welfare 
Benefits Administration, U.S. Department of Labor.
[FR Doc. 97-17635 Filed 7-3-97; 8:45 am]
BILLING CODE 4510-29-M