[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Notices]
[Page 28278-28279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn09-98]
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment; Request to the Department of Labor for Expedited
Review of Denial of COBRA Premium Reduction
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 (EBSA) is
soliciting comments on the Application to the Department of Labor for
Expedited Review of Denial of COBRA Premium Reduction (the
``Application'') and the Plan Administrator Information Sheet (the
``Letter''). 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 August 14, 2009.
ADDRESSES: Please 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
[[Page 28279]]
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). Section 3001(a)(5)
of ARRA provides that if individuals request treatment as an assistance
eligible individual and are denied such treatment because of their
ineligibility for COBRA continuation coverage, the Secretary of Labor
must provide for expedited review of the denial upon application to the
Secretary in the form and manner the Secretary provides. The Secretary
of Labor is required to act in consultation with the Secretary of the
Treasury and must make a determination within 15 business days after
receipt of an individual's application for review.
The Application is the form that will be used by individuals to
file their expedited review appeals with EBSA. All of the information
requested on the Application must be completed, and an Application may
be denied if sufficient information is not provided. In certain
situations, EBSA will have to contact plan administrators for
additional information regarding an applicant's appeal of a denial of
premium reduction. The Letter will be used for this purposes in cases
where the Department has otherwise been unable to contact a plan
administrator.
On May 20, 2009, the Office of Management and Budget (OMB) approved
the Application and the Letter (OMB Control Number 1210-0135) 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. The approval is scheduled to expire on November 30,
2009.
II. Current Actions
This notice requests public comment pertaining to the Department's
request for extension of OMB's approval of the Application. 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:
Agency: Employee Benefits Security Administration, Department of
Labor.
Title: Request to the Department of Labor for Expedited Review of
Denial of COBRA Premium Reduction
Type of Review: Extension of a currently approved collection of
information.
OMB Number: 1210-0135.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Respondents: 593,000.
Frequency of Responses: On occasion.
Responses: 104,500.
Estimated Total Burden Hours: 99,750.
Estimated Total Burden Cost (Operating and Maintenance): $52,000.
III. Desired Focus of Comments
The Department of Labor 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: June 8, 2009.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. E9-13995 Filed 6-12-09; 8:45 am]
BILLING CODE 4510-29-P