[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19299-19300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09291]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Mental Health Parity and Addiction Equity Act 
Notices

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, ``Mental Health Parity and 
Addiction Equity Act Notices,'' 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 June 22, 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=201706-1210-001 (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 Mental Health Parity and Addiction Equity Act (MHPAEA) 
Notices information collection. The MHPAEA generally requires that the 
financial requirements and treatment limitations imposed on mental 
health and substance use disorder (MH/SUD) benefits cannot be more 
restrictive than the predominant financial requirements and treatment 
limitations that apply to substantially all medical and surgical 
benefits. The MHPAEA and its implementing regulations at 29 CFR 
2590.712(d)(2) provide that a plan or issuer must disclose the criteria 
for medical necessity determinations with respect to MH/SUD benefits to 
any current or potential participant, beneficiary, or contracting 
provider upon request and must disclose the reason for any denial of 
reimbursement or payment for services with respect to MH/SUD benefits 
to the participant or

[[Page 19300]]

beneficiary. The 21st Century Cures Act, among other things, contained 
provisions intended to improve compliance with MHPAEA by requiring the 
Departments of Labor, Health and Human Services, and the Treasury to 
solicit feedback from the public on how to improve the process for 
group health plans and issuers to disclose the information required 
under the MHPAEA and other laws. Approval of this ICR would implement 
the new information collection requirements, based on the public 
comments. Internal Revenue Code of 1986 section 9812, Employee 
Retirement Income Security Act of 1974 section 712, and Public Health 
Service Act section 2705 authorize this information collection. See 26 
U.S.C. 9812, 29 U.S.C. 1185a, and 42 U.S.C. 300gg-5.
    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 1210-0138. The DOL notes that the authority for 
existing information collection requirements submitted to the OMB 
continue while they undergo review. New requirements would only take 
effect upon OMB approval. For additional substantive information about 
this ICR, see the related notices published in the Federal Register on 
May 26, 2016, 81 FR 33550, and June 20, 2017, 82 FR 28095.
    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 June 22, 2018. 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: Mental Health Parity and Addiction Equity Act 
Notices.
    OMB Control Number: 1210-0138.
    Affected Public: Private Sector--businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 1,154,036.
    Total Estimated Number of Responses: 1,154,036.
    Total Estimated Annual Time Burden: 26,912 hours.
    Total Estimated Annual Other Costs Burden: $3,247,931.

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

    Dated: April 26, 2018.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2018-09291 Filed 5-1-18; 8:45 am]
 BILLING CODE 4510-29-P