[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18820-18821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06810]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Affordable Care Act Internal Claims and 
Appeals and External Review Procedures for ERISA Plans

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 May 2, 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: Under the Affordable Care Act, Congress 
added Public Health Service Act (the PHS Act) section 2719, which 
provides rules relating to internal claims and appeals and external 
review processes. The Departments of Labor (DOL), Health and Human 
Services (HHS), and the Treasury (collectively, the Departments) issued 
final implementing regulations on November 18, 2015 (80 FR 72191). With 
respect to internal claims and appeals processes for group health 
coverage, PHS Act section 2719 and paragraph (b)(2)(i) of the interim 
final regulations provide that group health plans and health insurance 
issuers offering group health insurance coverage must comply with the 
internal claims and appeals processes set forth in 29 CFR 2560.503-1 
(the DOL claims procedure regulation) and update such processes in 
accordance with standards established by the Secretary of Labor in 
paragraph (b)(2)(ii) of the regulations. The No Surprises Act of 2020 
extended the balance billing protections related to external reviews to 
grandfathered plans. This collection of information request includes 
the information collection and third-party notice and disclosure 
requirements that a plan must satisfy under the statutes and 
regulations. For additional substantive information about this ICR, see 
the related notice published in the Federal Register on November 9, 
2021 (86 FR 62206).
    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.

[[Page 18821]]

    Title of Collection: Affordable Care Act Internal Claims and 
Appeals and External Review Procedures for ERISA Plans.
    OMB Control Number: 1210-0144.
    Affected Public: Private Sector--Businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 2,007,298.
    Total Estimated Number of Responses: 390,574.
    Total Estimated Annual Time Burden: 19,047 hours.
    Total Estimated Annual Other Costs Burden: $602,026.

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

    Dated: March 25, 2022.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2022-06810 Filed 3-30-22; 8:45 am]
BILLING CODE 4510-29-P