[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Notices]
[Pages 28278-28279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13995]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; Request to the Department of Labor for Expedited 
Review of Denial of COBRA Premium Reduction

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (the Department), in accordance with 
the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), 
provides the general public and Federal agencies with an opportunity to 
comment on proposed and continuing collections of information. This 
helps the Department assess the impact of its information collection 
requirements and minimize the reporting burden on the public and helps 
the public understand the Department's information collection 
requirements and provide the requested data in the desired format. 
Currently, the Employee Benefits Security Administration (EBSA) is 
soliciting comments on the Application to the Department of Labor for 
Expedited Review of Denial of COBRA Premium Reduction (the 
``Application'') and the Plan Administrator Information Sheet (the 
``Letter''). A copy of the information collection request (ICR) may be 
obtained by contacting the office listed in the ADDRESSES section of 
this notice.

DATES: Written comments must be submitted to the office shown in the 
ADDRESSES section on or before August 14, 2009.

ADDRESSES: Please direct all written comments regarding the information 
collection request and burden estimates to G. Christopher Cosby, Office 
of Policy and Research, Employee Benefits Security Administration, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Room N-5647, 
Washington, DC 20210. Telephone: (202) 693-8410; Fax: (202) 219-4745. 
These are not toll-free numbers. Comments may also be submitted 
electronically to the following Internet e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The continuation coverage provisions of section 601 through 608 of 
ERISA (and parallel provisions of the Internal Revenue Code (Code)) 
generally require group health plans to offer qualified beneficiaries' 
the opportunity to elect

[[Page 28279]]

continuation coverage following certain events that would otherwise 
result in the loss of coverage. Continuation coverage is a temporary 
extension of the qualified beneficiary's previous group health 
coverage. The right to elect continuation coverage allows individuals 
to maintain group health coverage under adverse circumstances and to 
bridge gaps in health coverage that otherwise could limit their access 
to health care.
    COBRA provides the Secretary of Labor (the Secretary) with 
authority under section 608 of ERISA to carry out the continuation 
coverage provisions. The Conference Report that accompanied COBRA 
divided interpretive authority over the COBRA provisions between the 
Secretary and the Secretary of the Treasury (the Treasury) by providing 
that the Secretary has the authority to issue regulations implementing 
the notice and disclosure requirements of COBRA, while the Treasury is 
authorized to issue regulations defining the required continuation 
coverage.
    On February 17, 2009, President Obama signed the American Recovery 
and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5). Section 3001(a)(5) 
of ARRA provides that if individuals request treatment as an assistance 
eligible individual and are denied such treatment because of their 
ineligibility for COBRA continuation coverage, the Secretary of Labor 
must provide for expedited review of the denial upon application to the 
Secretary in the form and manner the Secretary provides. The Secretary 
of Labor is required to act in consultation with the Secretary of the 
Treasury and must make a determination within 15 business days after 
receipt of an individual's application for review.
    The Application is the form that will be used by individuals to 
file their expedited review appeals with EBSA. All of the information 
requested on the Application must be completed, and an Application may 
be denied if sufficient information is not provided. In certain 
situations, EBSA will have to contact plan administrators for 
additional information regarding an applicant's appeal of a denial of 
premium reduction. The Letter will be used for this purposes in cases 
where the Department has otherwise been unable to contact a plan 
administrator.
    On May 20, 2009, the Office of Management and Budget (OMB) approved 
the Application and the Letter (OMB Control Number 1210-0135) under the 
emergency procedures for review and clearance in accordance with the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35) 
and 5 CFR 1320.13. The approval is scheduled to expire on November 30, 
2009.

II. Current Actions

    This notice requests public comment pertaining to the Department's 
request for extension of OMB's approval of the Application. After 
considering comments received in response to this notice, the 
Department intends to submit an ICR to OMB for continuing approval. No 
change to the existing ICR is proposed or made at this time. The 
Department notes that an agency may not conduct or sponsor, and a 
person is not required to respond to, an information collection unless 
it displays a valid OMB control number. A summary of the ICR and the 
current burden estimates follows:
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Request to the Department of Labor for Expedited Review of 
Denial of COBRA Premium Reduction
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0135.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Respondents: 593,000.
    Frequency of Responses: On occasion.
    Responses: 104,500.
    Estimated Total Burden Hours: 99,750.
    Estimated Total Burden Cost (Operating and Maintenance): $52,000.

III. Desired Focus of Comments

    The Department of Labor is particularly interested in comments 
that:
     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., by 
permitting electronic submissions of responses.
    Comments submitted in response to this notice will be summarized 
and/or included in the ICR for OMB approval of the extension of the 
information collection; they will also become a matter of public 
record.

    Dated: June 8, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. E9-13995 Filed 6-12-09; 8:45 am]
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