[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Page 1414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-154]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Emergency Review: Comment Request

January 5, 2010.
    The Department of Labor has submitted the following information 
collection request (ICR), utilizing emergency review procedures, to the 
Office of Management and Budget (OMB) 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. OMB approval has been requested 
by January 19, 2010. A copy of this ICR, with applicable supporting 
documentation; including among other things a description of the likely 
respondents, proposed frequency of response, and estimated total burden 
may be obtained from the RegInfo.gov Web site 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]. Interested parties are encouraged to send comments to 
the Office of Information and Regulatory Affairs, Attn: OMB Desk 
Officer for the Department of Labor--Employee Benefits Security 
Administration (EBSA), Office of Management and Budget, Room 10235, 
Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these 
are not toll-free numbers), E-mail: [email protected]. 
Comments and questions about the ICR listed below should be received 5 
days prior to the requested OMB approval date. Please note, an 
additional opportunity to comment will be provided when this ICR is 
resubmitted to OMB under standard PRA clearance procedures and pursuant 
to 5 CFR 1320.10.
    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 clarify 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.
    Agency: Employee Benefits Security Administration.
    Title of Collection: Model Employer CHIP Notice.
    OMB Control Number: 1210-NEW.
    Frequency of Collection: On occasion.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Total Estimated Number of Respondents: 7,056,000.
    Total Estimated Number of Responses: 203,794,701.
    Total Estimated Annual Burden Hours: 1,053,000.
    Total Net Estimated Annual Costs Burden (other than hourly costs): 
$25,271,000.
    Description: On February 4, 2009, President Obama signed the 
Children's Health Insurance Program Reauthorization Act of 2009 
(CHIPRA, Pub. L. 111-3). Under ERISA section 701(f)(3)(B)(i)(I), PHS 
Act section 2701(f)(3)(B)(i)(I), and section 9801(f)(3)(B)(i)(I) of the 
Internal Revenue Code, as added by CHIPRA, an employer that maintains a 
group health plan in a State that provides medical assistance under a 
State Medicaid plan under title XIX of the Social Security Act (SSA), 
or child health assistance under a State child health plan under title 
XXI of the SSA, in the form of premium assistance for the purchase of 
coverage under a group health plan, is required to make certain 
disclosures. Specifically, the employer is required to notify each 
employee of potential opportunities currently available in the State in 
which the employee resides for premium assistance under Medicaid and 
CHIP for health coverage of the employee or the employee's dependents.
    ERISA section 701(f)(3)(B)(i)(II) requires the Department of Labor 
to provide employers with model language for the Employer CHIP Notices 
to enable them to timely comply with this requirement. The Model 
Employer CHIP Notice is required to include information on how an 
employee may contact the State in which the employee resides for 
additional information regarding potential opportunities for premium 
assistance, including how to apply for such assistance.
    Section 311(b)(1)(D) of CHIPRA provides that the Departments of 
Labor and Health and Human Services shall develop the initial Model 
Employer CHIP Notice under ERISA section 701(f)(3)(B)(i)(II), and the 
Department of Labor shall provide such notices to employers, by 
February 4, 2010. Moreover, each employer is required to provide the 
initial annual notices to such employer's employees beginning with the 
first plan year that begins after the date on which the initial model 
notices are first issued. The ICR relates to the Model Employer Chip 
Notice.
    Why are we requesting Emergency Processing? If the Department were 
required to comply with standard PRA clearance procedures, it would not 
be able to publish the model notices on a timely basis.

    Dated: January 5, 2010.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. 2010-154 Filed 1-8-10; 8:45 am]
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