Proposed Extension of Information Collection Request Submitted
for Public Comment; Final Rule on Health Care Continuation Coverage
[04/09/2007]
Volume 72, Number 67, Page 17588-17589
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment; Final Rule on Health Care Continuation Coverage
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 proposed extension of the information collection
provisions of its final rule at 29 CFR Part 2590, Health Care
Continuation Coverage. 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 8, 2007.
ADDRESSES: Joseph S. Piacentini, Department of Labor, Employee Benefits
Security Administration, 200 Constitution Avenue, NW., Washington, DC
20210, (202) 693-8410, FAX (202) 693-4745 (these are not toll-free
numbers).
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 May 26, 2004, the Department of Labor (the Department) published
in the Federal Register (69 FR 30084) final regulations governing the
timing, content, and administration of the notice obligations arising
under ERISA. These final rules implementing the notice requirements of
the COBRA provisions of ERISA also apply for purposes of the parallel
Code provisions.
This recordkeeping requirement constitutes an information
collection within the meaning of the PRA, for which the Department has
obtained approval from the Office of Management and Budget (OMB) under
OMB Control No. 1210-0123. The OMB approval is currently scheduled to
expire on July 31, 2007.
II. Current Actions
This notice requests public comment pertaining to the Department's
request for extension of OMB approval of the information collection
contained in its final rule at 29 CFR 2590, Health Care Continuation
Coverage. After considering comments received in
[[Page 17589]]
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. 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: Notice Requirements of the Health Care Continuation Coverage
Provisions.
Type of Review: Extension 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: 411,000.
Frequency of Responses: On occasion.
Responses: 9,225,900.
Estimated Total Burden Hours: None
Estimated Total Burden Cost (Operating and Maintenance):
$14,723,400.
Estimated Total Annualized Cost: $16,379,900.
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: April 3, 2007.
Bradford P. Campbell,
Acting Assistant Secretary, Employee Benefits Security Administration.
[FR Doc. E7-6554 Filed 4-6-07; 8:45 am]
BILLING CODE 4510-29-P
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