[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Page 14578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05412]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Patient Protection and Affordable Care Act 
Patient Protection Notice

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Employee 
Benefits Security Administration (EBSA)-sponsored information 
collection request (ICR) to the Office of Management and Budget (OMB) 
for review and approval in accordance with the Paperwork Reduction Act 
of 1995 (PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that the agency 
receives on or before April 14, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments are invited on: (1) Whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used in a timely 
manner; (3) the accuracy of the agency's estimates of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (4) ways to enhance the quality, 
utility and clarity of the information collection; and (5) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Mara Blumenthal by telephone at 202-
693-8538, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The No Surprises Act, which Congress enacted 
as part of the Consolidated Appropriations Act, 2021, amended section 
2719A of the Public Health Service Act (the PHS Act) to specify in new 
subsection (e) that section 2719A shall not apply with respect to plan 
years beginning on or after January 1, 2022. The No Surprises Act 
expanded the patient protections related to emergency services to 
provide additional protections. In addition, the No Surprises Act added 
section 2799A-7 of the PHS Act, which contains the patient protections 
regarding choice of health care professional from section 2719A of the 
PHS Act. These provisions mirror those currently applicable under 
section 2719A of the PHS Act (minus the emergency services 
protections). In addition, the patient protections under the No 
Surprises Act apply generally to all group health plans and health 
insurance coverage, including grandfathered health plans. The 2021 
interim final regulations ``Requirements Related to Surprise Billing; 
Part I'' add a sunset clause to the current patient protection 
provisions codified in the 2015 final regulations, and re-codify the 
provisions related to choice of health care professional at 29 CFR 
2590.722. The Patient Protection Notice is used by health plan sponsors 
and issuers to notify certain individuals of their right to (1) choose 
a primary care provider or a pediatrician when a plan or issuer 
requires participants or subscribers to designate a primary care 
physician; or (2) obtain obstetrical or gynecological care without 
prior authorization. For additional substantive information about this 
ICR, see the related notice published in the Federal Register on 
November 18, 2021 (86 FR 64528).
    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 the OMB approves it 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 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-EBSA.
    Title of Collection: Patient Protection and Affordable Care Act 
Patient Protection Notice.
    OMB Control Number: 1210-0142.
    Affected Public: Private Sector--Businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 11,241.
    Total Estimated Number of Responses: 148,181.
    Total Estimated Annual Time Burden: 2,810 hours.
    Total Estimated Annual Other Costs Burden: $7,409.

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

    Dated: March 8, 2022.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2022-05412 Filed 3-14-22; 8:45 am]
BILLING CODE 4510-29-P