Agency information gathering activities; Submission to OMB review; Request for comment; Affordable Care Act Grandfathered Health Plan Disclosure, Record Keeping Requirement, and Operator Disclosure Amendment

ABSTRACT: The Ministry of Labor (DOL) submits this Employee Benefits Security Administration (EBSA)-sponsored information collection request (ICR) au Office of Management and Budget (OMB) for review and approval under the Paper Burden Reduction Act of 1995 (PRA). Public comments on the ICR are invited.

DATES: OMB will review all written comments the agency receives no later than May 9, 2022.

ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of the posting of this notice to Find this particular collection of information by selecting “Currently under 30 days of review – Open for public comment” or by using the search function.

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 use; (2) whether the information will be processed and used in a timely manner; (3) the accuracy of the agency’s estimates regarding the burden and cost of information collection, including the validity of the methodology and assumptions used; (4) ways to improve the quality, usefulness and clarity of information gathering; and (5) ways to minimize the burden of information collection on those who must respond, including the use of automated collection techniques or other forms of information technology.

FOR MORE INFORMATION, CONTACT: Mara Blumenthal by phone at 202-693-8538, or by email at [email protected].

ADDITIONAL INFORMATION: Section 1251 of the Affordable Care Act (the Act) provides that certain health insurance plans and coverages in effect on the date of March 23, 2010, known as grandfathered health insurance plans, are not required to comply with certain statutory provisions of the Act. To maintain status as a grandfathered health care plan, plans must maintain records documenting the terms of the plan in effect on March 23, 2010, and any other documentation necessary to verify, explain, or clarify grandfathered health plan status. The plan must make these records available for review at the request of participants, beneficiaries, individual policyholders, or an official of the state or federal agency. The implementing regulations require a grandfathered health insurance plan to include a statement in any plan documentation provided to members or beneficiaries stating the plan’s intent to be a grandfathered health insurance plan. acquired rights within the meaning of the Act. For more substantial information on this ICR, see the related notice published in the Federal Register on December 13, 2021 (86 FR 70866).

This collection of information is subject to the PRA. A federal agency generally cannot conduct or sponsor an information gathering, and the public is generally not required to respond to an information gathering, unless the OMB approves it and displays a number currently valid OMB control. Further, notwithstanding any other legal provision, no one will generally be subject to penalties for failing to comply with any collection of information that does not display a valid OMB control number. See 5 CFR 1320.5(a) and 1320.6.

The DOL seeks permission from the PRA for this collection of information for three (3) years. OMB authorization for an ICR cannot exceed three (3) years without renewal. The DOL notes that the information gathering requirements submitted to the OMB for existing KPIs are receiving a month-to-month extension while they are reviewed.

Agency: DOL-EBSA.

Collection title: Affordable Care Act Disclosure, Health Plan Disclosure, Recordkeeping Requirement and Change in Carrier Disclosure.

OMB control number: 1210-0140.

Audience: Private sector — Businesses or other for-profit and non-profit institutions.

Estimated total number of respondents: 360,479.

Estimated total number of responses: 8,868,468.

Estimated total annual workload: 655 hours.

Estimated total annual charge of other costs: $125,533.

(Authority: 44 USC 3507(a)(1)(D))

Date: April 1, 2022.

Mara Blumenthal,

Senior PRA Analyst.

Notice of availability; request for comments.

Reference: “87 FR 20470”

Federal Register page number: “20470”


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