[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73629-73631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29060]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; Revisions to Coverage of Certain Preventive 
Services Under the Affordable Care Act

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 is soliciting 
comments on the revision of the Coverage of Certain Preventive Services 
Under the Affordable Care Act information collection to reflect the new 
option of notifying the Department of Health and Human Services of the 
respondents' objections to providing coverage in response to the 
Supreme Court of the United States' interim order in connection with an 
application for an injunction in the pending case of Wheaton College v. 
Burwell. 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 February 9, 2015.

ADDRESSES: 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-5718, 
Washington, DC 20210. Telephone: (202) 693-8410; Fax: (202)

[[Page 73630]]

219-4745. These are not toll-free numbers. Comments may also be 
submitted electronically to the following Internet email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Patient Protection and Affordable Care Act, Public Law 111-148, 
(the Affordable Care Act) was enacted by President Obama on March 23, 
2010 and amended by the Health Care and Education Reconciliation Act of 
2010, Public Law 111-152 on March 30, 2010. The Affordable Care Act 
added section 2713 to the Public Health Service (PHS) Act and 
incorporated this provision into the Employee Retirement Income 
Security Act (ERISA) and the Internal Revenue Code (Code). The 
Departments of Health and Human Services, Labor, and Treasury (the 
Departments) published interim final rules (2010 interim final rules) 
on July 19, 2010 to require non-grandfathered group health insurance 
coverage to provide benefits for certain preventive services without 
cost sharing, including benefits for certain women's preventive health 
services as provided for in comprehensive guidelines supported by the 
Health Resources and Services Administration (HRSA).
    On August 1, 2011, HRSA adopted and released guidelines for women's 
preventive health services, including contraceptive services. On August 
3, 2011, the Departments amended the 2010 interim final rules (2011 
amended interim final rules) to provide HRSA with the authority to 
exempt group health plans established or maintained by religious 
employers (and group health insurance coverage provided in connection 
with such plans) from the requirement to cover contraceptive services 
consistent with the HRSA guidelines. The 2011 amended interim final 
rules specified a definition of religious employer. HRSA exercised its 
authority in its guidelines to exempt plans established or maintained 
by religious employers (and group health insurance coverage provided in 
connection with such plans) from the requirement to cover contraceptive 
services.
    On February 6, 2013, the Departments published proposed rules that 
proposed to simplify and clarify the definition of religious employer 
and also proposed accommodations for health coverage established or 
maintained or arranged by certain nonprofit religious organizations 
with religious objections to contraceptive services (eligible 
organizations). The rules proposed that, for insured plans, the health 
insurance issuer providing group health insurance coverage in 
connection with the plan would be required to assume sole 
responsibility, independent of the eligible organization and its plan, 
for providing contraceptive coverage to plan participants and 
beneficiaries without cost sharing, premium, fee, or other charge to 
plan participants or beneficiaries or to the eligible organization or 
its plan. In the case of self-insured plans, the proposed regulations 
presented potential approaches under which the third party 
administrator of the plan would provide or arrange for a third party to 
provide separate contraceptive coverage to plan participants and 
beneficiaries without cost sharing, premium, fee, or other charge to 
plan participants or beneficiaries or to the eligible organization or 
its plan. The Departments received over 400,000 comments (many of them 
standardized form letters) in response to the proposed regulations.
    After consideration of the comments, the Departments published 
final regulations on July 2, 2013. A contemporaneously-issued HHS 
guidance document extended the temporary safe harbor from enforcement 
of the contraceptive coverage requirement by the Departments to 
encompass plan years beginning on or after August 1, 2013, and before 
January 1, 2014. This guidance included a form to be used by an 
organization during this temporary period to self-certify that its plan 
qualifies for the temporary enforcement safe harbor. In addition, HHS 
and the Department of Labor also issued a self-certification form, EBSA 
Form 700, to be executed by an organization seeking to be treated as an 
eligible organization for purposes of an accommodation under these 
final regulations. This self-certification form was provided for use 
with the accommodations under the July 2013 final regulations, after 
the expiration of the temporary enforcement safe harbor (that is, for 
plan years beginning on or after January 1, 2014). The rules also 
provide that the third party administrator and issuer that is required 
to provide or arrange payments for contraceptive services must provide 
plan participants and beneficiaries with written notice of the 
availability of separate payments for contraceptive services 
contemporaneous with, but separate from, any application materials 
distributed in connection with enrollment for group health coverage for 
each plan year to which the accommodation is to apply.
    On July 3, 2014, the Supreme Court of the United States issued an 
interim order in connection with an application for an injunction in 
the pending case of Wheaton College v. Burwell, ruling that, ``[i]f 
[Wheaton College] informs the Secretary of Health and Human Services in 
writing that it is a non-profit organization that holds itself out as 
religious and has religious objections to providing coverage for 
contraceptive services, the [Departments of Labor, Health and Human 
Services, and the Treasury] are enjoined from enforcing against 
[Wheaton College]'' certain provisions of the Affordable Care Act and 
related regulations requiring coverage without cost-sharing of certain 
contraceptive services ``pending final disposition of appellate 
review'' (Wheaton order). The order stated that Wheaton College need 
not use EBSA Form 700 or send a copy of the executed form to its health 
insurance issuers or third party administrators to meet the condition 
for this injunctive relief. The order also stated that it neither 
affected ``the ability of [Wheaton College's] employees and students to 
obtain, without cost, the full range of FDA approved contraceptives,'' 
nor precluded the Government from relying on the notice it receives 
from Wheaton College ``to facilitate the provision of full 
contraceptive coverage under the Act.''
    On August 27, 2014, the Departments issued interim final 
regulations (79 FR 66617) in light of the Supreme Court's interim order 
concerning notification to the Federal government that an eligible 
organization has a religious objection to providing contraceptive 
coverage, as an alternative to the EBSA Form 700, and to preserve 
participants' and beneficiaries' access to coverage for the full range 
of FDA-approved contraceptives, as prescribed by a health care 
provider, without cost sharing, which is also consistent with the 
Supreme Court's order.
    On August 27, 2014, the Office of Management and Budget (OMB) 
approved the changes as a revision to OMB Control Number 1210-0150 
under the emergency procedures for review and clearance in accordance 
with the Paperwork Reduction Act of 1995 (P.L. 104-13, 44 U.S.C. 
Chapter 35) and 5 CFR 1320.13. OMB's approval of the revision currently 
is schedule to expire on February 28, 2015.

II. Current Actions

    This notice requests public comment pertaining to the Department's 
request for extension of OMB's approval of its revision to OMB Control 
Number 1210-0150 relating to the Coverage of Certain Preventive 
Services Under the Affordable Care Act. After considering

[[Page 73631]]

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: Coverage of Certain Preventive Services Under the Affordable 
Care Act.
    Type of Review: Revision of a currently approved collection of 
information.
    OMB Number: 1210-0150.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions.
    Respondents: 61.
    Frequency of Responses: Once.
    Responses: 61.
    Estimated Total Burden Hours: 51.

III. Desired Focus of Comments

    The Department of Labor (Department) 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: December 5, 2014.
Phyllis C. Borzi,
Assistant Secretary, Employee Benefits Security Administration.
[FR Doc. 2014-29060 Filed 12-10-14; 8:45 am]
BILLING CODE 4510-29-P