[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Page 38427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13732]


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DEPARTMENT OF LABOR


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Annual Report for Multiple Employer Welfare 
Arrangements

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 July 28, 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 Health Insurance Portability and 
Accountability Act of 1996 (HIPAA), codified as part 7 of title I of 
the Employee Retirement Security Act of 1974 (ERISA), was enacted to 
improve the portability and continuity of health care coverage for 
participants and beneficiaries of group health plans. HIPAA also added 
section 101(g) to ERISA, providing the Secretary of Labor with 
authority to require, by regulation, multiple employer welfare 
arrangements (MEWAs) as defined in section 3(40) of ERISA, that offer 
or provide coverage for medical benefits, but which are not group 
health plans (non-plan MEWAs), to report annually for the purpose of 
determining compliance with part 7 requirements. While the statutory 
authority was directed at non-plan MEWAs, based on the authority in 
ERISA sections 101(g), 505, and 734, DOL in 2003 promulgated a 
regulation at 29 CFR 2520.101-2 that required the administrators of 
both plan MEWAs and non-plan MEWAs that offer or provide coverage for 
medical benefits to file the Form M-1 on an annual basis. For 
additional substantive information about this ICR, see the related 
notice published in the Federal Register on March 17, 2022 (87 FR 
15267).
    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: Annual Report for Multiple Employer Welfare 
Arrangements.
    OMB Control Number: 1210-0116.
    Affected Public: Private Sector-- Businesses or other for-profits 
and not-for-profit institutions.
    Total Estimated Number of Respondents: 719.
    Total Estimated Number of Responses: 719.
    Total Estimated Annual Time Burden: 1,839 hours.
    Total Estimated Annual Other Costs Burden: $0.

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

     Dated: June 22, 2022.
Mara Blumenthal,
Senior PRA Analyst.
[FR Doc. 2022-13732 Filed 6-27-22; 8:45 am]
BILLING CODE 4510-29-P