[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18595-18596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08890]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Coverage of Certain Preventive Services Under 
the Affordable Care Act--Private Sector

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting the Employee 
Benefits Security Administration (EBSA) sponsored information 
collection request (ICR) revision titled, ``Coverage of Certain 
Preventive Services under the Affordable Care Act--Private Sector,'' to 
the Office of Management and Budget (OMB) for review and approval for 
use in accordance with the Paperwork Reduction Act (PRA) of 1995. 
Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before May 29, 2018.

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 free of charge 
from the RegInfo.gov website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201803-1210-001 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or sending an email to [email protected].
    Submit comments about this request by mail 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; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW, Washington, 
DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an 
email to [email protected].

SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the Coverage of Certain Preventive Services under the 
Affordable Care Act information collection requirements applicable to 
the private sector. A covered health insurance issuer or third-party 
administrator providing or arranging payments for contraceptive 
services for participants and beneficiaries in plans (or student 
enrollees and covered dependents in student health insurance coverage) 
of eligible organizations must generally provide a written notice to 
such plan participants and beneficiaries (or such student enrollees and 
covered dependents) informing them of the availability of such 
payments. To satisfy the notice requirement, issuers and third-party 
administrators may use the model language set forth in final 
regulations issued on October 13, 2017, or substantially similar 
language. See 78 FR 39893. To avoid contracting,

[[Page 18596]]

arranging, paying, or referring for contraceptive coverage, an 
organization seeking to be treated as an eligible organization under 
the final regulations may self-certify--by using EBSA Form 700--that 
the organization meets the definition of an eligible organization. This 
ICR has been classified as a revision for two reasons. First, the 
information collection requirements related to for-profit firms and 
not-for profit institutions were previously approved under separate OMB 
Control Numbers (1210-0150 and 1210-0152). The Department is now 
combining the collections, as the requirements are identical for all 
private sector respondents. In addition, the clearance is being revised 
to align the approval with injunctive activity by suspending the 
information collection requirements related to the notice to enrollees 
about the availability of separate payments for contraceptive services 
and the notice of revocation of an accommodation. See California v. 
Health and Human Services, et al., 281 F. Supp. 3d 806, 813 (N.D. Cal. 
2017); Pennsylvania v. Trump, 281 F. Supp. 3d 553, 561 (E.D. Pa. 2017). 
Employee Retirement Income Security Act of 1974 section 508 authorizes 
this information collection. See 29 U.S.C. 1059.
    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 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 1210-0150. The current approval is scheduled to 
expire on April 30, 2018; however, the DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. New requirements 
would only take effect upon OMB approval. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on October 13, 2017 (82 FR 47769).
    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 thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1210-0150. 
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: Coverage of Certain Preventive Services under 
the Affordable Care Act--Private Sector.
    OMB Control Number: 1210-0150.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 5.
    Total Estimated Number of Responses: 5.
    Total Estimated Annual Time Burden: 4 hours.
    Total Estimated Annual Other Costs Burden: $1.

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

    Dated: April 23, 2018.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2018-08890 Filed 4-26-18; 8:45 am]
 BILLING CODE 4510-29-P