[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Notices]
[Pages 2559-2560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-678]



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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review: Comment Request

January 12, 2007.
    The Department of Labor (DOL) has submitted the following public 
information collection requests (ICR) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of 
each ICR, with applicable supporting documentation, may be obtained 
from RegInfo.gov at http://www.reginfo.gov/public/do/PRAMain or by 
contacting Darrin King on 202-693-4129 (this is not a toll-free 
number)/e-mail: [email protected].
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for the Employment Standards 
Administration (ESA), Office of Management and Budget, Room 10235, 
Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these 
are not toll-free numbers), within 30 days from the date of this 
publication in the Federal Register.
    The OMB 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 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 submission of responses.
    Agency: Employment Standards Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title: Notice of Issuance of Insurance Policy.
    OMB Number: 1215-0059.
    Frequency: On occasion.
    Type of Response: Reporting.
    Affected Public: Private sector: business or other for-profit.
    Estimated Number of Respondents: 4,000.
    Estimated Number of Annual Responses: 4,000.
    Estimated Average Response Time: 10 minutes.
    Estimated Total Annual Burden Hours: 667.
    Total Estimated Annualized Capital/Startup Costs: $0.
    Total Estimated Annual Costs (operating/maintaining systems or 
purchasing services): $1,880.
    Description: The Black Lung Benefits Act (the Act) as amended, and 
codified at 30 U.S.C. 933 requires that a responsible coal mine 
operator be insured and outlines the items each contract of insurance 
must contain. It also enumerates the civil penalties to which a 
responsible coal mine operator is subject, should these procedures not 
be followed. In addition, 20 CFR Part V, Subpart C, 726.208-.213 
requires that each insurance carrier shall report to Division of Coal 
Mine Workers' Compensation (DCMWC) each policy and endorsement issued, 
cancelled, or renewed with respect to responsible operators. It states 
that this report will be made in such a manner and on such a form as 
DCMWC may require. It is also required that if a policy is issued or 
renewed for more than one operator, a separate report for each operator 
shall be submitted.
    The Form CM-921 is completed by the insurance carrier and forwarded 
to the Department for review. DCMWC staff reviews the completed CM-921 
to identify those operators who have secured insurance for payment of 
black lung benefits as required by Section 423 of the Act.
    Agency: Employment Standards Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title: Representative Fee Request.
    OMB Number: 1215-0078.
    Frequency: On occasion.
    Type of Response: Reporting.
    Affected Public: Private Sector: Business and other for-profit.
    Estimated Number of Respondents: 12,340.
    Estimated Number of Annual Responses: 12,340.
    Estimated Average Response Time: 30 minutes for Longshore filings 
and 1 hour for Federal Employees' Compensation Act filings.
    Estimated Total Annual Burden Hours: 7,675.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $17,401.
    Description: Individuals filing for compensation benefits with the 
Office of Workers' Compensation Programs (OWCP) may be represented by 
an attorney or other representative. The representative is entitled to 
request a fee for services under 20 CFR 10.700-703 (Federal Employees' 
Compensation Act/FECA) and 20 CFR 702.132 (Longshore and Harbor 
Workers' Compensation Act). The fee must be approved by the OWCP before 
any demand for payment can be made by the representative.
    Under the FECA, the representative is required to submit for review 
any fees resulting from representing the claimant in filing for 
benefits. The program does not make payment, but reviews the fee 
request to ensure that it is consistent with services provided, and 
with customary local charges for similar services. Fee requests 
received have been used to approve attorney's fees, allowing the 
attorney to pursue payment of an appropriate amount from the claimant. 
If the fee requested is considered excessive, in view of the criteria 
outlined in the regulations, the fee approved would be reduced 
accordingly.
    Agency: Employment Standards Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title: Pharmacy Billing Requirements.
    OMB Number: 1215-0194.
    Frequency: On occasion.
    Type of Response: Reporting.
    Affected Public: Private Sector: Business and other for-profit.
    Estimated Number of Respondents: 28,150.
    Estimated Number of Annual Responses: 1,463,792.
    Estimated Average Response Time: 5 minutes.
    Estimated Total Annual Burden Hours: 121,495.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: The Office of Workers' Compensation Programs (OWCP) is 
the agency responsible for administration of the Federal Employees' 
Compensation Act (FECA), 5 U.S.C. 8101 et seq., the Black Lung Benefits 
Act (BLBA), 30 U.S.C. 901 et seq., and the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (EEOICPA), 42 
U.S.C. 7384 et seq. All three of these statutes require that OWCP pay 
for covered medical treatment provided to beneficiaries; this medical 
treatment can include medicinal drugs dispensed by pharmacies. In order 
to determine

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whether amounts billed for drugs are appropriate, OWCP must receive 19 
data elements, including the name of the patient/beneficiary, the 
National Drug Code (NDC) number of the drugs prescribed, the quantity 
provided, the prescription number and the date the prescription was 
filled. The regulations implementing these statutes require the 
collection of information needed to enable OWCP to determine if bills 
for drugs submitted directly by pharmacies, or as reimbursement 
requests submitted by claimants, should be paid. (20 CFR 10.801, 
30.701, 725.701 and 725.705).
    There is no standardized paper form for submission of the billing 
information collected in this ICR. Over the past several years, the 
majority of pharmacy bills submitted to OWCP have been submitted 
electronically using one of the industry-wide standard formats for the 
electronic transmission of billing data through nationwide data 
clearinghouses devised by the National Council for Prescription Drug 
Programs (NCPDP). However, since some pharmacy bills are still 
submitted using a paper-based bill format, OWCP will continue to accept 
any of the many paper-based bill formats still used by some providers 
so long as they contain the data elements needed for processing the 
bill. None of the paper-based or electronic billing formats have been 
designed by or provided by OWCP; they are billing formats commonly 
accepted by other Federal programs and in the private health insurance 
industry for drugs. Nonetheless, the three programs (FECA, BLBA and 
EEOICPA) provide instructions for the submission of necessary pharmacy 
bill data elements in provider manuals distributed or made available to 
all pharmacies enrolled in the programs.
    The required data elements are used by OWCP and contractor bill 
processing staff to process paper and electronic bills for drugs 
dispensed by pharmacies. To enable OWCP and its contractor staff to 
consider the appropriateness of the requested payment in a timely 
fashion, it is essential that bill submissions include the data 
elements needed to evaluate the bill, such as the NDC number and the 
pharmacy's provider identification number. To do this, OWCP evaluates 
the same data elements that are commonly evaluated by other Federal 
agencies and private health insurance carriers. If all the billing data 
elements required by OWCP are not collected, the contractor staff 
cannot process the bill.

Darrin A. King,
Acting Departmental Clearance Officer.
 [FR Doc. E7-678 Filed 1-18-07; 8:45 am]
BILLING CODE 4510-CF-P