[Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Notices]
[Page 24040-24041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my09-89]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment; COBRA Notification Requirements--American Recovery
and Reinvestment Act of 2009
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (the Department), in accordance with
the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)),
provides the general public and Federal agencies with an opportunity to
comment on proposed and continuing collections of information. This
helps the Department assess the impact of its information collection
requirements and minimize the reporting burden on the public and helps
the public understand the Department's information collection
requirements and provide the requested data in the desired format.
Currently, the Employee Benefits Security Administration is soliciting
comments on the revision of the information collection provisions of
its final rule at 29 CFR Part 2590, Health Care Continuation Coverage
to reflect the hour and cost burden associated with the COBRA
notification requirements under the American Recovery and Reinvestment
Act of 2009. A copy of the information collection request (ICR) may be
obtained by contacting the office listed in the ADDRESSES section of
this notice.
DATES: Written comments must be submitted to the office shown in the
ADDRESSES section on or before July 21, 2009.
ADDRESSES: Direct all written comments regarding the information
collection request and burden estimates to G. Christopher Cosby, Office
of Policy and Research, Employee Benefits Security Administration, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5647,
Washington, DC 20210. Telephone: (202) 693-8410; Fax: (202) 219-4745.
These are not toll-free numbers. Comments may also be submitted
electronically to the following Internet e-mail address:
ebsa.opr@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The continuation coverage provisions of section 601 through 608 of
ERISA (and parallel provisions of the Internal Revenue Code (Code))
generally require group health plans to offer qualified beneficiaries
the opportunity to elect continuation coverage following certain events
that would otherwise result in the loss of coverage. Continuation
coverage is a temporary extension of the qualified beneficiary's
previous group health coverage. The right to elect continuation
coverage allows individuals to maintain group health coverage under
adverse circumstances and to bridge gaps in health coverage that
otherwise could limit their access to health care.
COBRA provides the Secretary of Labor (the Secretary) with
authority under section 608 of ERISA to carry out the continuation
coverage provisions. The Conference Report that accompanied COBRA
divided interpretive authority over the COBRA provisions between the
Secretary and the Secretary of the Treasury (the Treasury) by providing
that the Secretary has the authority to issue regulations implementing
the notice and disclosure requirements of COBRA, while the Treasury is
authorized to issue regulations defining the required continuation
coverage.
On February 17, 2009, President Obama signed the American Recovery
and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5). ARRA includes a
requirement that the Secretary of Labor (the Secretary), in
consultation with the Secretaries of the Treasury and Health and Human
Services, develop model notices for use by group health plans and other
entities that, pursuant to ARRA, must provide notices of the
availability of premium reductions and additional election periods for
health care continuation coverage.
On March 17, 2009, the Office of Management and Budget (OMB)
approved the model notices as a revision to OMB Control Number 1210-
0123 under the emergency procedures for review and clearance in
accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44
U.S.C. Chapter 35) and 5 CFR 1320.13. On March 20, 2009, the Department
published a Federal Register notice announcing the availability of the
notices on its Web site (74 FR11971) at http://www.dol.gov/ebsa/
COBRA.html. OMB's approval of the revision currently is scheduled to
expire on September 30, 2009.
II. Current Actions
This notice requests public comment pertaining to the Department's
request for extension of OMB's approval of its revision to OMB Control
Number 1210-0123 relating to the ARRA model notices. After considering
comments received in response to this notice, the Department intends to
submit an ICR to OMB for continuing approval. No change to the existing
ICR is proposed or made at this time. The Department notes that an
agency may not conduct or sponsor, and a person is not required to
respond to, an information collection unless it displays a valid OMB
control number. A summary of the ICR and the current burden estimates
follows:
[[Page 24041]]
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: COBRA Notification Requirements--American Recovery and
Reinvestment Act of 2009.
Type of Review: Revision of a currently approved collection of
information.
OMB Number: 1210-0123.
Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions.
Respondents: 593,000.
Frequency of Responses: On occasion.
Responses: 38,115,000.
Estimated Total Burden Hours: None.
Estimated Total Burden Cost (Operating and Maintenance):
$34,500,000.
III. Desired Focus of Comments
The Department of Labor (Department) is particularly interested in
comments that:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., by
permitting electronic submissions of responses.
Comments submitted in response to this notice will be summarized
and/or included in the ICR for OMB approval of the extension of the
information collection; they will also become a matter of public
record.
Dated: May 18, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. E9-11977 Filed 5-21-09; 8:45 am]
BILLING CODE 4510-29-P