[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Notices]
[Pages 72698-72699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33601]


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DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment and Recommendations; Establishing Prior Creditable 
Coverage, Health Insurance Portability for Group Health Plans

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, provides the general public and 
Federal agencies with an opportunity to comment on proposed and/or 
continuing collections of information in accordance with the Paperwork 
Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program 
helps to ensure that requested data can be provided in the desired 
format, reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Pension and Welfare Benefits Administration is 
soliciting comments concerning the proposed extension of a currently 
approved collection of information, Establishing Prior Creditable 
Coverage. A copy of the proposed information collection request (ICR) 
can be obtained by contacting the addressee below.

DATES: Written comments must be submitted on or before February 28, 
2000.

ADDRESSES: Gerald B. Lindrew, Department of Labor, Pension and Welfare 
Benefits Administration, 200 Constitution Avenue, NW, Washington, DC 
20210, (202) 219-4782, FAX (202) 219-4745 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

    Subtitle B of title 1 of ERISA, Part 7, section 707, added by the 
Health Care Portability and Accountability Act of 1996 (Pub. L. 104-
191, August 31, 1996) (HIPAA) authorizes the Secretary of Labor, in 
coordination with the Secretary of Health and Human Services (HHS) and 
the Secretary of the Treasury, to promulgate such regulations as may be 
necessary or appropriate to carry out the provisions of the statute. 
Accordingly, Interim Rules implementing the Portability Requirement for 
Group Health Plans were published on April 8, 1997, (62 FR 16920 
through 16923) (April 8 Interim Rules).
    In order to meet HIPAA's goal of improving access to and 
portability of health care benefits, the statute provides that, after 
the submission of evidence establishing prior creditable coverage, a 
subsequent health insurance provider would be limited to the extent to 
which it could use pre-existing condition exclusions to limit coverage. 
This ICR covers the submission of materials sufficient to establish 
prior creditable coverage.

Review Focus

    The Department of Labor (Department) is particularly interested in 
comments which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including

[[Page 72699]]

whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.
    Current Actions: The Department has not modified the ICR 
incorporated in the April 8 Interim Rules, but intends to submit the 
ICR to OMB for continued clearance. Comments received in response to 
this notice will be incorporated in the submission to OMB. The existing 
collection of information should be continued because it implements 
disclosure provisions mandated by the portability provisions enacted in 
section 701 of HIPAA. Specifically, this ICR implements statutory 
requirements for establishing prior creditable coverage. Under the 
April 8 Interim Rules, a group health plan is obligated to provide a 
written certificate of information suitable for establishing prior 
creditable coverage of a participant or beneficiary. To the extent that 
a certification is not available or is inadequate to prove prior 
creditable coverage, alternative methods of establishing creditable 
coverage are provided.
    The April 8 Interim Rules offer model certification and notice 
forms to be used by group health plans and health insurance issuers, 
containing the minimum information mandated by the statute.
    Agency: Department of Labor, Pension and Welfare Benefits 
Administration.
    Title: Establishing Prior Creditable Coverage.
    Type of Review: Extension of a currently approved collection.
    OMB Number: 1210-0103.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Individuals or households.
    Frequency of Response: On occasion.
    Respondents: 15,604.
    Responses: 8,000,000.
    Total Estimated Burden Hours: 336,060.
    Total Burden Cost (Operating and Maintenance): $31,800,000.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: December 22, 1999.
Gerald B. Lindrew,
Deputy Director, Office of Policy and Research, Pension and Welfare 
Benefits Administration.
[FR Doc. 99-33601 Filed 12-27-99; 8:45 am]
BILLING CODE 4510-29-M