[Federal Register Volume 68, Number 47 (Tuesday, March 11, 2003)]
[Notices]
[Page 11585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5728]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment and Recommendations; Notice of Pre-Existing 
Condition Exclusion

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 Employee Benefits Security Administration is soliciting 
comments concerning the proposed extension of a currently approved 
collection of information: Notice of Pre-Existing Condition Exclusion. 
A copy of the information collection request (ICR) can be obtained by 
contacting the office shown in the addresses section below.

DATES: Written comments must be submitted on or before May 12, 2003.

ADDRESSES: Joseph S. Piacentini, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue, NW., Washington, DC 
20210, (202) 693-8410, Fax (202) 219-5333 (these are not toll-free 
numbers).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 734 of ERISA, added by the Health Care Portability and 
Accountability Act of 1996 (HIPAA) authorized 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) (April 8 Interim Rules).
    Specific disclosure requirements relating to pre-existing 
exclusions constitute the ICR. Under the April 8 Interim Rules, a group 
health plan or health insurance issuer may not impose any pre-existing 
conditions exclusion on a participant unless that participant has been 
notified in writing that the plan includes pre-existing condition 
exclusion provisions, that a participant has a right to demonstrate any 
periods of prior creditable coverage, and that the plan or issuer will 
assist the participant in obtaining a certificate of prior coverage 
from any prior plan or issuer, if necessary. Plans that use the 
alternative method of crediting coverage must disclose their method at 
the time of enrollment in the plan.
    In addition, the April 8 Interim Rules require that before a plan 
or issuer imposes a pre-existing condition exclusion on a particular 
participant, it must first disclose that determination in writing, 
including the basis of the decision, and an explanation of any appeal 
procedure established by the plan or issuer.

II. Desired Focus of Comments

    The Department of Labor (Department) is particularly interested in 
comments that:
    [sbull] Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    [sbull] 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;
    [sbull] Enhance the quality, utility, and clarity of the 
information to be collected; and
    [sbull] 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.

III. 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.
    Agency: Department of Labor, Employee Benefits Security 
Administration.
    Title: Notice of Pre-Existing Condition Exclusion.
    Type of Review: Extension of a currently approved collection.
    OMB Number: 1210-0102.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Individuals or households.
    Frequency of Response: On occasion.
    Respondents: 1,300,000.
    Responses: 8,570,000.
    Total Estimated Burden Hours: 9,004.
    Total Burden Cost (Operating and Maintenance): $1,008,000.
    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: March 5, 2003.
Joseph S. Piacentini,
Deputy Director, Office of Policy and Research, Employee Benefits 
Security Administration.
[FR Doc. 03-5728 Filed 3-10-03; 8:45 am]
BILLING CODE 4510-29-P