[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Notices]
[Page 24346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08684]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; No Surprises Act: IDR Process

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 25, 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: On December 27, 2020, the Consolidated 
Appropriations Act, 2021 (CAA), which includes the No Surprises Act, 
was signed into law. The No Surprises Act provides Federal protections 
against surprise billing and limits out-of-network cost sharing under 
many of the circumstances in which surprise bills arise most 
frequently. Section 102 of the No Surprises Act added Code section 
9816, ERISA section 716, and PHS Act section 2799A-1, which contain 
limitations on cost sharing and requirements for initial payments for 
emergency services. In addition, Section 103 of the No Surprises Act 
amended Code section 9816, ERISA section 716, and PHS Act section 
2799A-1 to establish a Federal independent dispute resolution (Federal 
IDR) process that nonparticipating providers or facilities and group 
health plans and health insurance issuers in the group and individual 
market may use following the end of an unsuccessful open negotiation 
period to determine the out-of-network rate for certain services. The 
Federal IDR process requires a number of disclosures from plans, 
issuers, FEHB carriers, and nonparticipating providers or 
nonparticipating emergency facilities. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on November 9, 2021 (86 FR 62206). On April 5, 2022, 
the Department of Labor submitted another emergency request to revise 
the ICR to remove language to be consistent with the federal court 
ruling in the U.S. District Court for the Eastern District of Texas on 
the Interim Final Rule, Requirements Related to Surprise Billing; Part 
II (Texas Medical Association v. HHS). The ICR Revision was approved by 
OMB on April 11, 2022. The Departments welcome comments on those 
revisions. For additional substantive information, see the related 
submission at https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=1210-0169.
    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: No Surprises Act: IDR Process.
    OMB Control Number: 1210-0169.
    Affected Public: Private Sector--Businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 22,428.
    Total Estimated Number of Responses: 36,964.
    Total Estimated Annual Time Burden: 68,193 hours.
    Total Estimated Annual Other Costs Burden: $545,727.

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

     Dated: April 19, 2022.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2022-08684 Filed 4-22-22; 8:45 am]
BILLING CODE 4510-29-P