[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16840-16841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7500]


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DEPARTMENT OF LABOR

Employee Benefits Security Administration


Proposed Extension of Information Collection Request Submitted 
for Public Comment; Model Employer CHIP Notice

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

[[Page 16841]]

Administration is soliciting comments on the Model CHIP Employer 
Notice. 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 June 1, 2010.

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: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On February 4, 2009, President Obama signed the Children's Health 
Insurance Program Reauthorization Act of 2009 (CHIPRA, Pub. L. 111-3). 
Under ERISA section 701(f)(3)(B)(i)(I), PHS Act section 
2701(f)(3)(B)(i)(I), and section 9801(f)(3)(B)(i)(I) of the Internal 
Revenue Code, as added by CHIPRA, an employer that maintains a group 
health plan in a State that provides medical assistance under a State 
Medicaid plan under title XIX of the Social Security Act (SSA), or 
child health assistance under a State child health plan under title XXI 
of the SSA, in the form of premium assistance for the purchase of 
coverage under a group health plan, is required to make certain 
disclosures. Specifically, the employer is required to notify each 
employee of potential opportunities currently available in the State in 
which the employee resides for premium assistance under Medicaid and 
CHIP for health coverage of the employee or the employee's dependents.
    ERISA section 701(f)(3)(B)(i)(II) requires the Department of Labor 
to provide employers with model language for the Employer CHIP Notices 
to enable them to timely comply with this requirement. The Model 
Employer CHIP Notice is required to include information on how an 
employee may contact the State in which the employee resides for 
additional information regarding potential opportunities for premium 
assistance, including how to apply for such assistance.
    Section 311(b)(1)(D) of CHIPRA provides that the Departments of 
Labor and Health and Human Services shall develop the initial Model 
Employer CHIP Notice under ERISA section 701(f)(3)(B)(i)(II), and the 
Department of Labor shall provide such notices to employers, by 
February 4, 2010. Moreover, each employer is required to provide the 
initial annual notices to such employer's employees beginning with the 
first plan year that begins after the date on which the initial model 
notices are first issued. The ICR relates to the Model Employer CHIP 
Notice.
    On January 26, 2010, the Office of Management and Budget (OMB) 
approved the Model Employer CHIP Notice under OMB Control Number 1210-
0137 pursuant to the emergency procedures for review and clearance in 
accordance with the Paperwork Reduction Act of 1995 (P.L. 104-13, 44 
U.S.C. Chapter 35) and 5 CFR 1320.13. On February 4, 2010, the 
Department published a Federal Register notice (75 FR 5808) announcing 
the availability of the Model Employer CHIP Notice on its Web site. 
OMB's approval of the notice currently is schedule to expire on July 
31, 2010.

II. Current Actions

    This notice requests public comment pertaining to the Department's 
request for extension of OMB's approval of the Model CHIP Employer 
Notice (OMB Control Number 1210-0137). 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.
    Title of Collection: Model Employer CHIP Notice.
    Type of Collection: New.
    OMB Control Number: 1210-0137.
    Frequency of Collection: On occasion.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Total Estimated Number of Respondents: 7,056,000.
    Total Estimated Number of Responses: 203,794,701.
    Total Estimated Annual Burden Hours: 1,053,000.
    Total Net Estimated Annual Costs Burden (other than hourly costs): 
$25,271,000.

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: March 29, 2010.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security 
Administration.
[FR Doc. 2010-7500 Filed 4-1-10; 8:45 am]
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