[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Page 49024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23140]



[[Page 49024]]

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DEPARTMENT OF LABOR

Employee Benefits Security Administration


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

ACTION: Notice.

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SUMMARY: The Department of Labor (Department), as part of its 
continuing effort to reduce paperwork and respondent burden, conducts a 
preclearance consultation program to provide the general public and 
Federal agencies with an opportunity to comment on proposed and 
continuing collections of information in accordance with the Paperwork 
Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)((A)). This program 
helps to ensure that the data the Department gathers can be provided in 
the desired format, that the reporting burden on the public (time and 
financial resources) is minimized, that the public understands the 
Department's collection instruments, and that the Department can 
accurately assess the impact of collection requirements on respondents.
    Currently, the Employee Benefits Security Administration (EBSA) is 
soliciting comments concerning the extension of currently approved 
collections of information arising from the Department's regulation at 
29 CFR 2590.701-3, which requires group health plans and insurance 
issuers to provide certain notices regarding the pre-existing condition 
exclusions imposed under such plans to all participants under the plan 
and to specific individuals affected by the pre-existing condition 
exclusions. A copy of the information collection request (ICR) can be 
obtained by contacting the office shown in the ADDRESSES section of 
this notice.

DATES: Written comments must be submitted to the office shown in the 
ADDRESSES section of this notice on or before November 24, 2009.

ADDRESSES: Interested parties are invited to submit 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-5718, Washington, DC 20210, (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

    Regulation section 2590.701-3 requires group health plans imposing 
a pre-existing condition exclusion, and health insurance issuers 
offering group health insurance subject to a pre-existing condition 
exclusion, to provide all participants under the plan a written general 
notice of the pre-existing condition and also to provide any affected 
individual a specific written notice describing the length of pre-
existing condition exclusion applicable to that individual under the 
plan after the plan or issuer has made a determination, for that 
individual, of creditable coverage. EBSA previously submitted an ICR 
with respect to these pre-existing condition exclusion notices to the 
Office of Management and Budget (OMB) for review under the PRA and 
received approval under OMB Control No. 1210-0102. The ICR approval is 
currently scheduled to expire on December 31, 2009.

II. Desired Focus of Comments

    The Department is particularly interested in comments that:
     Evaluate whether the 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 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 submission of responses.

III. Current Action

    This notice requests comments on an extension of the information 
collections arising from the pre-existing condition exclusion notice 
requirements of 29 CFR 2590.701-3. The Department is not proposing or 
implementing any changes to the information collections at this time. A 
summary of the ICR and the current burden estimates follows:
    Agency: Department of Labor, Employee Benefits Security 
Administration.
    Title: Notice of Pre-Existing Condition Exclusion.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0102.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions.
    Frequency of Response: On occasion.
    Respondents: 1,300,000.
    Responses: 3,832,337.
    Total Estimated Burden Hours: 5,714.
    Total Burden Cost (Operating and Maintenance): $1,120,709.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of the extension of 
this ICR; they will also become a matter of public record.

    Dated: September 21, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. E9-23140 Filed 9-24-09; 8:45 am]
BILLING CODE 4510-20-P