[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Notices]
[Pages 70866-70869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26881]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Agency Information Collection Activities; Request for Public 
Comment

AGENCY: Employee Benefits Security Administration (EBSA), Department of 
Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (the Department), in accordance with 
the Paperwork Reduction Act, 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 public's 
reporting burden. It also helps the public understand the Department's 
information collection requirements and provide the requested data in 
the desired format. The Employee Benefits Security Administration 
(EBSA) is soliciting comments on the proposed extension of

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the information collection requests (ICRs) contained in the documents 
described below. A copy of the ICRs may be obtained by contacting the 
office listed in the ADDRESSES section of this notice. ICRs also are 
available at reginfo.gov (http://www.reginfo.gov/public/do/PRAMain).

DATES: Written comments must be submitted to the office shown in the 
ADDRESSES section on or before February 11, 2022.

ADDRESSES: James Butikofer, Department of Labor, Employee Benefits 
Security Administration, 200 Constitution Avenue NW, Room N-5718, 
Washington, DC 20210, or [email protected].

SUPPLEMENTARY INFORMATION:

I. Current Actions

    This notice requests public comment on the Department's request for 
extension of the Office of Management and Budget's (OMB) approval of 
ICRs contained in the rules and prohibited transaction exemptions 
described below. The Department is not proposing any changes to the 
existing ICRs at this time. 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 ICRs and the 
current burden estimates follows:
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Affordable Care Act Grandfathered Health Plan Disclosure, 
Recordkeeping Requirement, and Change in Carrier Disclosure.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0140.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 536,452.
    Responses: 10,770,984.
    Estimated Total Burden Hours: 1,183.
    Estimated Total Burden Cost (Operating and Maintenance): $204,654.
    Description: The Patient Protection and Affordable Care Act, Public 
Law 111-148 (the Affordable Care Act or the Act) was enacted on March 
23, 2010. Section 1251 of the Act provides that certain plans and 
health insurance coverage in existence as of March 23, 2010, known as 
grandfathered health plans, are not required to comply with certain 
statutory provisions in the Act. On June 17, 2010, the Departments 
issued interim final regulations implementing section 1251 and 
requesting comment. On November 17, 2010, the Departments issued an 
amendment to the interim final regulations to permit certain changes in 
policies, certificates, or contracts of insurance without loss of 
grandfathered status. On November 18, 2015, the Departments issued 
final regulations that continue the information collections contained 
in the interim final regulations (29 CFR 2590.715-1251(a)(3)(i), 29 CFR 
2590.715-1251(a)(2), 29 CFR 2590.715-1251(a)(3)(i)).
    To maintain its status as a grandfathered health plan, plans must 
maintain records documenting the terms of the plan in effect on March 
23, 2010, and any other documents that are necessary to verify, 
explain, or clarify status as a grandfathered health plan. The plan 
must make such records available for examination upon request by 
participants, beneficiaries, individual policy subscribers, or a State 
or Federal agency official.
    In addition, grandfathered health plans must include a statement in 
plan materials provided to participants or beneficiaries describing the 
benefits provided under the plan or health insurance coverage, that the 
plan or coverage believes it is a grandfathered health plan within the 
meaning of section 1251 of the Affordable Care Act, that being a 
grandfathered health plan means that the plan does not include certain 
consumer protections of the Affordable Care Act, providing contact 
information for participants to direct questions regarding which 
protections apply and which protections do not apply to a grandfathered 
health plan, and what might cause a plan to change from grandfathered 
health plan status and to file complaints. However, grandfathered 
health plans are not required to provide the disclosure statement every 
time they send out a communication, such as an explanation of benefits, 
to a participant or beneficiary. Instead, grandfathered health plans 
will comply with this disclosure requirement if they includes the model 
disclosure language provided in the Departments' interim final 
grandfather regulations (or a similar statement) whenever a summary of 
the benefits under the plan is provided to participants and 
beneficiaries.
    Grandfathered group health plans that change health insurance 
issuers must also provide the succeeding health insurance issuer (and 
the succeeding health insurance issuer must require) documentation of 
plan terms (including benefits, cost sharing, employer contributions, 
and annual limits) under the prior health insurance coverage sufficient 
to make a determination whether the standards of paragraph (g)(1) of 
the final regulations are exceeded. The Department has received 
approval from OMB for this ICR under OMB Control No. 1210-0140. The 
current approval is scheduled to expire on May 31, 2022.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Affordable Care Act Advance Notice of Rescission.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0141.
    Affected Public: Not-for-profit institutions, Businesses or other 
for-profits.
    Respondents: 100.
    Responses: 1,504.
    Estimated Total Burden Hours: 18.
    Estimated Total Burden Cost (Operating and Maintenance): $196.
    Description: The Patient Protection and Affordable Care Act, Public 
Law 111-148 (the Affordable Care Act or the Act) was enacted on March 
23, 2010. Section 2712 of the Public Health Service Act (PHS Act), as 
added by the Affordable Care Act, and the Department's final regulation 
(26 CFR 54.9815-2712, 29 CFR 2590.715-2712, 45 CFR 147.2712) provides 
rules regarding rescissions of health coverage for group health plans 
and health insurance issuers offering group or individual health 
insurance coverage. Under the statute and final regulations, a group 
health plan, or a health insurance issuer offering group or individual 
health insurance coverage, generally must not rescind coverage except 
in the case of fraud or an intentional misrepresentation of a material 
fact. This standard applies to all rescissions, whether in the group, 
or individual insurance market, or for self-insured coverage. These 
rules also apply regardless of any contestability period of the plan or 
issuer.
    The PHS Act section 2712 mandated a new advance notice requirement 
when coverage is rescinded where still permissible. Specifically, the 
second sentence in section 2712 provides that coverage may not be 
cancelled unless prior notice is provided, and then only as permitted 
under PHS Act sections 2702(c) and 2742(b). Under these interim final 
regulations, even if prior notice is provided, rescission is only 
permitted in cases of fraud or an intentional misrepresentation of a 
material fact as permitted under the cited provisions.
    The final regulations provide that a group health plan, or health 
insurance issuer offering group health insurance coverage, must provide 
at least 30 days advance notice to an individual before coverage may be 
rescinded. The notice

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must be provided regardless of whether the rescission is of group or 
individual coverage; or whether, in the case of group coverage, the 
coverage is insured or self-insured, or the rescission applies to an 
entire group or only to an individual within the group. The Department 
has received approval from OMB for this ICR under OMB Control No. 1210-
0141. The current approval is scheduled to expire on May 31, 2022.
    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Summary of Benefits and Coverage and Uniform Glossary 
Required Under the Affordable Care Act.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0147.
    Affected Public: Not-for-profit institutions, Businesses or other 
for-profits.
    Respondents: 2,327,850.
    Responses: 72,826,994.
    Estimated Total Burden Hours: 328,265.
    Estimated Total Burden Cost (Operating and Maintenance): 
$7,040,366.
    Description: The Patient Protection and Affordable Care Act, Public 
Law 111-148, was signed into law on March 23, 2010, and the Health Care 
and Education Reconciliation Act of 2010, Public Law 111-152, was 
signed into law on March 30, 2010 (collectively known as the 
``Affordable Care Act''). The Affordable Care Act amends the Public 
Health Service Act (PHS Act) by adding section 2715 ``Development and 
Utilization of Uniform Explanation of Coverage Documents and 
Standardized Definitions.'' This section directed the Department of 
Health and Human Services (HHS), the Department of Labor (DOL), and the 
Department of the Treasury (collectively, the Departments), in 
consultation with the National Association of Insurance Commissioners 
(NAIC) and a working group comprised of stakeholders, to develop 
standards for use by a group health plan and a health insurance issuer 
in compiling and providing to applicants, enrollees, policyholders, and 
certificate holders a summary of benefits and coverage (SBC) 
explanation that accurately describes the benefits and coverage under 
the applicable plan or coverage.
    Section 2590.715-2715(a)(1) requires a group health plan and a 
health insurance issuer to provide a written summary of benefits and 
coverage (SBC) for each benefit package to entities and individuals at 
specified points in the enrollment process. As specified in Sec.  
2590.715-2715(a)(2), a plan or issuer will populate the SBC with the 
applicable plan or coverage information, including the following: (1) A 
description of the coverage, including cost sharing, for each category 
of benefits identified in guidance by the Secretary; (2) exceptions, 
reductions, and limitations of the coverage; (3) the cost-sharing 
provisions of the coverage, including deductible, coinsurance, and 
copayment obligations; (4) the renewability and continuation of 
coverage provisions; (5) coverage examples that illustrate common 
benefits scenarios (including pregnancy and serious or chronic medical 
conditions) and related cost sharing; (6) contact information for 
questions; (7) for issuers, an internet web address where a copy of the 
actual individual coverage policy or group certificate of coverage can 
be reviewed and obtained; (8) for plans and issuers that maintain one 
or more networks of providers, an internet address (or similar contact 
information) for obtaining a list of network providers; (9) for plans 
and issuers that provide prescription drug coverage through a 
formulary, an internet address (or similar contact information) for 
obtaining information on prescription drug coverage; and (10) an 
internet address (or similar contact information) where a consumer may 
review and obtain the uniform glossary; and (11) a statement about 
whether the plan or coverage provides minimum essential coverage as 
defined under section 5000A(f) of the Internal Revenue Code and whether 
the plan's or coverage's share of the total allowed costs of coverage 
meets applicable requirements.
    Because the statute additionally requires the Secretary to 
``provide for the development of standards for the definitions of terms 
used in health insurance coverage,'' including specified insurance-
related and medical terms, the Departments have interpreted this 
provision as requiring plans and issuers to make available a uniform 
glossary of health coverage and medical terms that is three double-
sided pages in length. Plans and issuers must include an internet 
address in the SBC for consumers to access the glossary and provide a 
paper copy of the glossary within seven days upon request. Plans and 
issuers may not modify the glossary provided in guidance by the 
Departments.
    Finally, ``if a group health plan or health insurance issuer makes 
any material modification in any of the terms of the plan or coverage 
involved (as defined for purposes of section 102 of the Employee 
Retirement Income Security Act) that is not reflected in the most 
recently provided summary of benefits and coverage, the plan or issuer 
must provide notice of such modification to enrollees not later than 60 
days prior to the date on which such modification will become 
effective.'' Thus, the Departments require plans and issuers to provide 
60-days advance notice of any material modification in any of the terms 
of the plan or coverage that (1) affects the information required to be 
included the SBC; (2) occurs during the plan or policy year, other than 
in connection with renewal or reissuance of the coverage; and (3) is 
not otherwise reflected in the most recently provided SBC. A plan or 
issuer may satisfy this requirement by providing either an updated SBC 
or a separate notice describing the modification. The Department has 
received approval from OMB for this ICR under OMB Control No. 1210-
0147. The current approval is scheduled to expire on May 31, 2022.

    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Prohibited Transaction Class Exemptions for Multiple 
Employer Plans and Multiple Employer Apprenticeship Plans--PTE 1976-1, 
PTE 1977-10, PTE 1978-6.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0058.
    Affected Public: 3,483.
    Respondents: Businesses or other for-profits, Not-for-profit 
institutions.
    Responses: 3,483.
    Estimated Total Burden Hours: 871.
    Estimated Total Burden Cost (Operating and Maintenance): $0.
    Description:
    The three prohibited transaction class exemptions (PTEs) included 
in this ICR, (1) PTE 76-1, (2) PTE 77-10, and (3) PTE 78-6, exempt 
certain types of transactions commonly entered into by 
``multiemployer'' plans from certain of the prohibitions contained in 
sections 406(a) and 407(a) of ERISA. The Department determined that, in 
the absence of these exemptions, the affected plans would not be able 
to operate efficiently or to enter into routine types of transactions 
necessary for their operations. In order to ensure that the class 
exemptions for these necessary transactions meet the statutory 
standards, the Department imposed conditions contained in the 
exemptions that are information collections. The information 
collections consist of recordkeeping and third-party disclosures. The 
Department has received approval from OMB for this ICR under OMB 
Control No. 1210-0058. The current approval is scheduled to expire on 
June 30, 2022.


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    Agency: Employee Benefits Security Administration, Department of 
Labor.
    Title: Notice for Health Reimbursement Arrangements Integrated with 
Individual Health Insurance Coverage.
    Type of Review: Extension of a currently approved collection of 
information.
    OMB Number: 1210-0160.
    Affected Public: Businesses or other for-profits, Not-for-profit 
institutions.
    Respondents: 721,438.
    Responses: 9,399,428.
    Estimated Total Burden Hours: 196,992.
    Estimated Total Burden Cost (Operating and Maintenance): $120,662.
    Description:
    The final rules removed the current prohibition on integrating 
Health Reimbursement Arrangements (HRAs) with individual health 
insurance coverage, if certain conditions are met. The following 
information collections are contained in the final rules: (1) 
Verification of Enrollment in Individual Coverage; (2) HRA Notice to 
Participants; (3) Notice to Participants that Individual Policy is not 
Subject to Title I of ERISA; (4) Participant Notification of Individual 
Coverage HRA of Cancelled or Discontinued Coverage; (5) Notice for 
Excepted Benefit HRAs. The information collection requirements are 
needed to notify the HRA that participants are enrolled in individual 
health insurance coverage, to help individuals understand the impact of 
enrolling in an HRA on their eligibility for the PTC, and that coverage 
is not subject to the rules and consumer protections of the Employee 
Retirement Income Security Act. The Department has received approval 
from OMB for this ICR under OMB Control No. 1210-0160. The current 
approval is scheduled to expire on June 30, 2022.

II. Focus of Comments

    The Department is particularly interested in comments that:
     Evaluate whether the collections of information are 
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 
collections 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.
     Evaluate the effectiveness of the additional demographic 
questions.
    Comments submitted in response to this notice will be summarized 
and/or included in the ICR for OMB approval of the information 
collection; they will also become a matter of public record.

    Signed at Washington, DC, this 6th day of December, 2021.
Ali Khawar,
Acting Assistant Secretary, Employee Benefits Security Administration, 
U.S. Department of Labor.
[FR Doc. 2021-26881 Filed 12-10-21; 8:45 am]
BILLING CODE 4510-29-P