[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Notices]
[Pages 12208-12209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04241]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


State All Payer Claims Databases Advisory Committee

AGENCY: Employee Benefits Security Administration, Department of Labor.

ACTION: Notice.

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SUMMARY: This notice announces the establishment of the State All Payer 
Claims Databases Advisory Committee (Committee) and also solicits 
nominations for members to be appointed by the Secretary of Labor 
(Secretary). The No Surprises Act, enacted as part of the Consolidated 
Appropriations Act, 2021, requires the Department of Labor (DOL) to 
establish (and periodically update) a standardized reporting format for 
voluntary reporting by group health plans to State All Payer Claims 
Databases and provide guidance to States on collecting data. The Act 
also directs the Secretary to convene an advisory committee.

DATES: Nominations for membership will be considered if they are 
received by March 16, 2021.

ADDRESSES: Send nominations to [email protected] to the 
attention of Elizabeth Schumacher, Office of Health Plan Standards and 
Compliance Assistance, Employee Benefits Security Administration, DOL.

FOR FURTHER INFORMATION CONTACT: Elizabeth Schumacher, Employee 
Benefits Security Administration, DOL at 202-693-8335. For press 
inquiries contact Grant Vaught, Office of Public Affairs, DOL at 202-
693-4672.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 735 of the Employee Retirement Income Security Act of 1974, 
as added by section 115(b) of the No Surprises Act, enacted as part of 
the Consolidated Appropriations Act, 2021, div. BB, tit. I, Public Law 
116-260 (Dec. 27, 2020), requires the DOL to establish (and 
periodically update) a standardized reporting format for voluntary 
reporting by group health plans to State All Payer Claims Databases and 
provide guidance to States on collecting data. The Act also directs the 
Secretary to convene an advisory committee consisting of no more than 
15 members to advise the Secretary regarding the format and guidance 
for voluntary reporting by group health plans to State All Payer Claims 
Databases. The Committee will remain in existence from the time of its 
convention until it submits its report with its recommendations to the 
Secretary, the Committee on Health, Education, Labor, and Pensions of 
the Senate, and the Committee on Energy and Commerce and the Committee 
on Education and Labor of the House of Representatives. The Committee 
is governed by the provisions of the Federal Advisory Committee Act, 5 
U.S.C. App. 2.

II. Charter, General Responsibilities, and Composition of the State All 
Payer Claims Databases Advisory Committee

A. Charter Information and General Responsibilities

    On February 17, 2021, the Acting Secretary approved the charter 
establishing the Committee. The Committee will advise the Secretary 
regarding the standardized reporting format for the voluntary reporting 
by group health plans to State All Payer Claims Databases. Reporting 
will include medical claims, pharmacy claims, dental claims, and 
eligibility and provider files collected from private

[[Page 12209]]

and public payers. The Committee will also advise the Secretary on the 
guidance provided to States on the process by which States may collect 
such data in the standardized reporting format.
    The Committee must submit a report to the Secretary, the Committee 
on Health, Education, Labor, and Pensions of the Senate, and the 
Committee on Energy and Commerce and the Committee on Education and 
Labor of the House of Representatives that includes recommendations on 
the establishment of the format and guidance no later than 180 days 
from the date of enactment of the Consolidated Appropriations Act, 
2021, with a due date of June 25, 2021.
    A copy of the charter for the Committee may be obtained by visiting 
the Department's website at https://www.dol.gov/agencies/ebsa/about-ebsa/about-us/state-all-payer-claims-databases-advisory-committee.

B. Composition of the State All Payer Claims Databases Advisory 
Committee

    The Committee shall consist of no more than 15 members appointed by 
the Secretary (in coordination with the Secretary of Health and Human 
Services (HHS)), and the Comptroller General of the United States to 
serve as Regular Government Employee or Special Government Employee 
members. The Committee shall be composed of the Assistant Secretary of 
the Employee Benefits Security Administration of DOL, or a designee of 
such Assistant Secretary; the Assistant Secretary for Planning and 
Evaluation of the Department of HHS, or a designee of such Assistant 
Secretary; and members appointed by the Secretary, in coordination with 
the Secretary of HHS, including: A member to serve as the Committee 
chair; a representative of the Centers for Medicare & Medicaid 
Services; a representative of the Agency for Healthcare Research and 
Quality; a representative of the Office for Civil Rights of the 
Department of HHS with expertise in data privacy and security; a 
representative of the National Center for Health Statistics; a 
representative of the Office of the National Coordinator for Health 
Information Technology; and a representative of a State All Payer 
Claims Databases.
    Members appointed by the Comptroller General of the United States 
shall include: A representative of an employer that sponsors a group 
health plan; a representative of an employee organization that sponsors 
a group health plan; an academic researcher with expertise in health 
economics or health services research; a consumer advocate; and two 
additional members.
    Members of the Committee must have distinguished themselves in 
fields of health services research, health economics, health 
informatics, data privacy and security, or the governance of State All 
Payer Claims Databases, or represent organizations likely to submit 
data to or use the database, including patients, employers, employee 
organizations that sponsor group health plans, health care providers, 
health insurance issuers, or third-party administrators of group health 
plans.

III. Submissions of Nominations

    DOL is requesting nominations for a Committee chair and a 
representative of a State All Payer Claims Databases. DOL will consider 
qualified individuals who are self-nominated or are nominated by 
organizations representing affected stakeholders when selecting those 
representatives. DOL will make every effort to appoint members to serve 
on the Committee from among those candidates determined to have the 
technical expertise required to meet specific statutory categories and 
Departmental needs and in a manner intended to ensure an appropriate 
balance of membership. Selection of Committee membership will be 
consistent with achieving the greatest impact, scope, and credibility 
among diverse stakeholders. The diversity in such membership includes, 
but is not limited to, race, gender, disability, sexual orientation, 
and gender identity.
    DOL reserves discretion to appoint members to serve on the 
Committee who were not nominated in response to this notice if 
necessary to meet specific statutory categories and Departmental needs 
in a manner intended to ensure an appropriate balance of membership.
    DOL has a process for vetting nominees under consideration for 
appointment. DOL will contact nominees for information on their status 
as registered lobbyists. Anyone currently subject to federal 
registration requirements as a lobbyist is not eligible for appointment 
to this Committee. Additionally, nominees will be evaluated in 
accordance with Secretary's Order 10-2020 (85 FR 71104) to ensure they 
are financially independent from the Department programs and activities 
for which they may be called upon to provide advice. Follow-up 
communications with nominees may occur as necessary throughout the 
process.
    Any interested person may nominate one or more qualified 
individuals (self-nominations will also be accepted). Each nomination 
must include the following information:
    1. A letter of nomination that contains contact information for 
both the nominator and nominee (if not the same).
    2. A statement from the nominee that he or she is willing to serve 
on the Committee if appointed, will attend and participate in Committee 
meetings regularly, and has no conflicts of interest that would 
preclude Committee membership.
    3. The nominee should also indicate which category or categories of 
stakeholders designated by the statute he or she is willing to 
represent, along with an explanation of interest in serving on the 
Committee. For self-nominations, this information may be included in 
the nomination letter.
    4. A curriculum vitae that indicates the nominee's educational 
experience, as well as relevant professional experience.
    5. Two letters of reference that support the nominee's 
qualifications for participation on the Committee. For nominations 
other than self-nominations, a nomination letter that includes 
information supporting the nominee's qualifications may be counted as 
one of the letters of reference.
    Please do not include information that you do not want publicly 
disclosed.
    To ensure that a nomination is considered, the Department must 
receive all of the nomination information specified in section III of 
this notice by March 16, 2021. Nominations should be sent to the 
address specified in the ADDRESSES section of this notice.

    Dated: February 24, 2021.
Ali Khawar,
Principal Deputy Assistant Secretary, Employee Benefits Security 
Administration, U.S. Department of Labor.
[FR Doc. 2021-04241 Filed 3-1-21; 8:45 am]
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