[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Page 81662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32551]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Affordable Care Act Advance Notice of 
Rescission

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) hereby announces the submission 
of the Employee Benefits Security Administration (EBSA) sponsored 
information collection request (ICR) titled, ``Affordable Care Act 
Advance Notice of Rescission,'' to the Office of Management and Budget 
(OMB) for review and approval for continued use in accordance with the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

DATES: Submit comments on or before January 27, 2011.

ADDRESSES: A copy of this ICR, with applicable supporting 
documentation; including a description of the likely respondents, 
proposed frequency of response, and estimated total burden may be 
obtained from the RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain or by contacting Michel Smyth by telephone at 202-693-4129 
(this is not a toll-free number) or sending an e-mail to [email protected].
    Submit comments about this request 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: 202-395-6929/
Fax: 202-395-6881 (these are not toll-free numbers), e-mail: [email protected].

FOR FURTHER INFORMATION:  Contact Michel Smyth by telephone at 202-693-
4129 (this is not a toll-free number) or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Patient Protection and Affordable Care 
Act (the Affordable Care Act) provides rules regarding rescissions of 
health coverage for group health plans and health insurance issuers 
offering group or individual health insurance coverage. Under the 
statute and interim final regulations issued by the EBSA, a group 
health plan or a health insurance issuer offering group or individual 
health insurance coverage generally must not rescind coverage except in 
the case of fraud or an intentional misrepresentation of a material 
fact. Furthermore, coverage may not be cancelled unless prior notice is 
provided. Specifically, interim final regulations that EBSA has 
promulgated provide that a group health plan or a health insurance 
issuer offering group health insurance coverage must provide at least 
30 days advance notice to an individual before coverage may be 
rescinded. The notice must be provided regardless of whether the 
rescission is of group or individual coverage; or whether, in the case 
of group coverage, the coverage is insured or self-insured, or the 
rescission applies to an entire group or only to an individual within 
the group.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is currently approved by the OMB under the PRA 
and displays a currently valid OMB Control Number. In addition, 
notwithstanding any other provisions of law, no person shall generally 
be subject to penalty for failing to comply with a collection of 
information if the collection of information does not display a 
currently valid OMB control number. See 5 CFR 1320.5(a) and 1320.6. The 
DOL obtains OMB approval for this information collection under OMB 
Control Number 1210-0141. The current OMB approval is scheduled to 
expire on December 31, 2010; however, it should be noted that 
information collections submitted to the OMB receive a month-to-month 
extension while they undergo review. For additional information, see 
the related notice published in the Federal Register on September 30, 
2010 (75 FR 60482).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within 30 days of publication of this notice in 
the Federal Register. In order to ensure the appropriate consideration, 
comments should reference OMB Control Number 1210-0141. The OMB 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., permitting 
electronic submission of responses.
    Agency: Employee Benefits Security Administration (EBSA).
    Title of Collection: Affordable Care Act Advance Notice of 
Rescission.
    OMB Control Number: 1210-0141.
    Affected Public: Private sector: Businesses and other for profits 
and not for profits.
    Total Estimated Number of Respondents: 100.
    Total Estimated Number of Responses: 1600.
    Total Estimated Annual Burden Hours: 26.
    Total Estimated Annual Costs Burden: $400.

    Dated: December 21, 2010.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2010-32551 Filed 12-27-10; 8:45 am]
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