[Federal Register Volume 90, Number 226 (Wednesday, November 26, 2025)]
[Notices]
[Page 54399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21113]
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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 December 26, 2025.
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.
FOR FURTHER INFORMATION CONTACT: Michael Howell by telephone at 202-
693-6782, or by email at [email protected].
SUPPLEMENTARY INFORMATION: The CAA added provisions applicable to group
health plans and health insurance issuers in the group and individual
markets in a new Part D of title XXVII of the Public Health Service Act
(PHS Act) and also added new provisions to part 7 of the Employee
Retirement Income Security Act (ERISA), and Subchapter B of chapter 100
of the Internal Revenue Code (Code). 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. 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. More specifically, the Federal IDR provisions may be used to
determine the out-of-network rate for certain emergency services,
nonemergency items and services furnished by nonparticipating providers
at participating health care facilities, where an All-Payer Model
Agreement or specified state law does not apply. Section 105 of the No
Surprises Act created Code section 9817, ERISA section 717, and PHS Act
section 2799A-2 which contain limitations on cost sharing and
requirements for initial payments for air ambulance services, and allow
plans and issuers and providers of air ambulance services to access the
Federal IDR process. CAA provisions that apply to health care providers
and facilities, and providers of air ambulance services, such as
requirements around cost sharing, prohibitions on balance billing for
certain items and services, and requirements related to disclosures
about balance billing protections, were added to title XXVII of the PHS
Act in a new part E. For additional substantive information about this
ICR, see the related notice published in the Federal Register on
January 6, 2025 (90 FR 671).
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) 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; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) 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.
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.
Total Estimated Number of Respondents: 2,000,012.
Total Estimated Number of Responses: 2,755,048.
Total Estimated Annual Time Burden: 1,691,251 hours.
Total Estimated Annual Other Costs Burden: $58,518,032.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2025-21113 Filed 11-25-25; 8:45 am]
BILLING CODE 4510-29-P