[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Proposed Rules]
[Pages 43109-43110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18050]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[REG-125592-10]
RIN 1545-BJ62
Requirements for Group Health Plans and Health Insurance Issuers
Relating to Internal Claims and Appeals and External Review Processes
Under the Patient Protection and Affordable Care Act
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking by cross-reference to temporary
regulations.
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SUMMARY: Elsewhere in this issue of the Federal Register, the IRS is
issuing temporary regulations under the provisions of the Patient
Protection and Affordable Care Act (the Affordable Care Act) regarding
internal claims and appeals and external review processes. The IRS is
issuing the temporary regulations at the same time that the Employee
Benefits Security Administration of the U.S. Department of Labor and
the Office of Consumer Information and Insurance Oversight of the U.S.
Department of Health and Human Services are issuing substantially
similar interim final regulations with respect to group health plans
and health insurance coverage offered in connection with a group health
plan under the Employee Retirement Income Security Act of 1974 and the
Public Health Service Act. The temporary regulations provide guidance
to employers, group health plans, and health insurance issuers
providing group health insurance coverage. The text of those temporary
regulations also serves as the text of these proposed regulations.
DATES: Written or electronic comments and requests for a public hearing
must be received by October 21, 2010.
ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-125592-10), Room
5205, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand-delivered to:
CC:PA:LPD:PR (REG-125592-10), Courier's Desk, Internal Revenue Service,
1111 Constitution Avenue, NW., Washington, DC 20224. Alternatively,
taxpayers may submit comments electronically via the Federal
eRulemaking Portal at http://www.regulations.gov (IRS REG-125592-10).
FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Karen
Levin at 202-622-6080; concerning submissions of comments,
Oluwafunmilayo Taylor at 202-622-7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of Provisions
The temporary regulations published elsewhere in this issue of the
Federal Register add Sec. 54.9815-2719T to the Miscellaneous Excise
Tax Regulations. The proposed and temporary regulations are being
published as part of a joint rulemaking with the Department of Labor
and the Department of Health and Human Services (the joint rulemaking).
The text of those temporary regulations also serves as the text of
these proposed regulations. The preamble to the temporary regulations
explains the temporary regulations and these proposed regulations.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in Executive Order
12866. Therefore, a regulatory assessment is not required. It has also
been determined that section 553(b) of the Administrative Procedure Act
(5 U.S.C. chapter 5) does not apply to this proposed regulation. It is
hereby certified that the collections of information contained in this
notice of proposed rulemaking will not have a significant impact on a
substantial number of small entities. Accordingly, a regulatory
flexibility analysis under the Regulatory Flexibility Act (5 U.S.C.
chapter 6) is not required. Section 54.9815-2719T of the temporary
regulations requires both group health insurance issuers and group
health plans to establish internal claims and appeals and external
review processes for adverse benefit determinations. Those processes
require the plan and issuer to disclose evidence relied upon in making
an adverse benefit determination, to disclose any new rationale for
upholding an adverse benefit determination as part of an internal
appeal, to provide notice of an adverse benefit determination and of a
final internal adverse benefit determination, and to disclose the right
to an external review. Under the temporary regulations, if a health
insurance issuer satisfies the obligations to have effective internal
claims and appeals and external review processes (including these
information collection requirements that are an inherent part of those
processes), those obligations are satisfied not just for the issuer but
also for the group health plan. For group health plans maintained by
small entities, it is anticipated that the health insurance issuer will
satisfy those obligations to have effective internal claims and appeals
and external review processes (including these information collection
requirements that are an inherent part of those processes) for both the
plan and the issuer in almost all cases. For this reason, these
information collection requirements will not impose a significant
impact on a substantial number of small entities. Pursuant to section
7805(f) of the Internal Revenue Code, this regulation has been
submitted to the Chief Counsel for Advocacy of the Small Business
Administration for comment on its impact on small business.
Comments and Requests for a Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any written comments (a signed original
and eight (8) copies) or electronic comments that are submitted timely
to the IRS. Comments are specifically requested on the clarity of the
proposed regulations and how they may be made easier to understand. All
comments will be available for public inspection and copying. A public
hearing may be scheduled if requested in writing by a person that
timely submits written comments. If a public hearing is scheduled,
notice of the date, time, and place for the hearing will be published
in the Federal Register.
Drafting Information
The principal author of these proposed regulations is Karen Levin,
Office of the Division Counsel/Associate Chief Counsel (Tax Exempt and
Government Entities), IRS. The proposed regulations, as well as the
temporary regulations, have been developed in coordination with
personnel from the U.S. Department of Labor and the U.S. Department of
Health and Human Services.
[[Page 43110]]
List of Subjects in 26 CFR Part 54
Excise taxes, Health care, Health insurance, Pensions, Reporting
and recordkeeping requirements.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 54 is proposed to be amended as follows:
PART 54--PENSION EXCISE TAXES
Paragraph 1. The authority citation for part 54 is amended by
adding an entry in numerical order to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Section 54.9815-2719 also issued under 26 U.S.C. 9833. * * *
Par. 2. Section 54.9815-2719 is added to read as follows:
Sec. 54.9815-2719 Internal claims and appeals and external review
processes.
[The text of proposed Sec. 54.9815-2719 is the same as the text of
paragraphs (a) through (f) of Sec. 54.9815-2719T published elsewhere
in this issue of the Federal Register].
Steven Miller,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2010-18050 Filed 7-22-10; 8:45 am]
BILLING CODE 4830-01-P