[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Notices]
[Page 7457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02142]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Notice of Medical Necessity Criteria Under the 
Mental Health Parity and Addiction Equity Act of 2008

ACTION: Notice.

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SUMMARY: On January 31, 2013, the Department of Labor (DOL) will submit 
the Employee Benefits Security Administration (EBSA) sponsored 
information collection request (ICR) titled, ``Notice of Medical 
Necessity Criteria under the Mental Health Parity and Addiction Equity 
Act of 2008,'' to the Office of Management and Budget (OMB) for review 
and approval for continued use in accordance with the Paperwork 
Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

DATES: Submit comments on or before March 4, 2013.

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, on 
February 1, 2013, or by contacting Michel Smyth by telephone at 202-
693-4129 (this is not a toll-free number) or sending an email to [email protected].
    Submit comments about this request to the Office of Information and 
Regulatory Affairs, Attn: OMB Desk Officer for DOL-EBSA, Office of 
Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 
20503, Fax: 202-395-6881 (this is not a toll-free number), email: 
[email protected].

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

    Authority: 44 U.S.C. 3507(a)(1)(D).

SUPPLEMENTARY INFORMATION: The Paul Wellstone and Pete Domenici Mental 
Health Parity and Addiction Equity Act of 2008 (MHPAEA), Public Law 
110-343 Division C, amends the Employee Retirement Income Security Act 
of 1974 (ERISA), the Public Health Service Act (PHS Act), and the 
Internal Revenue Code of 1986 (Code). In 1996, Congress enacted the 
Mental Health Parity Act of 1996, which required parity in aggregate 
lifetime and annual dollar limits for mental health benefits and 
medical and surgical benefits. Those mental health parity provisions 
and the changes the MHPAEA made are codified in ERISA section 712, PHS 
Act section 2705, and Code section 9812. The MHPAEA and regulations 29 
CFR 2590.712(d) require a covered plan administrator to disclose the 
criteria for medical necessity determinations with respect to mental 
health and substance use disorder benefits. These third-party 
disclosures are information collections 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 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 that does not display a valid Control Number. See 5 CFR 
1320.5(a) and 1320.6. The DOL obtains OMB approval for this information 
collection under Control Number 1210-0138. The current approval is 
scheduled to expire on January 31, 2013; however, it should be noted 
that existing information collection requirements 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 November 27, 2013 (77 FR 70828).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section by March 4, 2013. In order to help ensure 
appropriate consideration, comments should mention OMB Control Number 
1210-0138. 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: DOL-EBSA.
    Title of Collection: Notice of Medical Necessity Criteria under the 
Mental Health Parity and Addiction Equity Act of 2008.
    OMB Control Number: 1210-0138.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 420,400.
    Total Estimated Number of Responses: 420,400.
    Total Estimated Annual Burden Hours: 900.
    Total Estimated Annual Other Costs Burden: $569,614.

    Dated: January 25, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013-02142 Filed 1-31-13; 8:45 am]
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