Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations; Mental Health Parity
[09/21/2007]
Volume 72, Number 183, Page 54072-54073
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DEPARTMENT OF LABOR
Employee Benefits Security Administration
Proposed Extension of Information Collection Request Submitted
for Public Comment and Recommendations; Mental Health Parity
AGENCY: Employee Benefits Security Administration, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
consultation program to provide the general public and other federal
agencies with an opportunity to comment on proposed and continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)). This program helps to
ensure that requested data is provided in the desired format, reporting
burden (time and financial resources) is minimized, collection
instruments are clearly understood, and the impact of collection
requirements on respondents can be properly assessed.
By this notice, the Department of Labor's Employee Benefits
Security Administration (EBSA) is soliciting comments on the extension
of the information collection requests (ICRs) included in the Interim
Rules for Mental Health Parity as published in the Federal Register on
December 22, 1997 (62 FR 66931) (Interim Rules). OMB approved the two
separate ICRs under OMB control numbers 1210-0105 and 1210-0106, which
expire on January 31, 2008, and October 31, 2008, respectively. Copies
of the ICRs may be obtained by contacting the office shown below in the
addresses section of this notice.
DATES: Written comments must be submitted to the office listed in the
addresses section on or before November 20, 2007.
ADDRESSES: Interested parties are invited to submit written comments
regarding the ICRs to Mr. Joseph S. Piacentini, Office of Policy and
Research, U.S. Department of Labor, Employee Benefits Security
Administration, 200 Constitution Avenue, NW., Room N-5647, Washington,
DC 20210. Telephone: (202) 219-8410. Fax: (202) 219-4745 (these are not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of this notice is to seek comments from the public
prior to submission to OMB for continued approval of two information
collection requests included in the Interim Final Rules. The Mental
Health Parity Act of 1996 (MHPA) (Pub. L. 104-204) generally requires
that group health plans provide parity in the application of dollar
limits between mental health and medical/surgical benefits. The statute
exempts plans from this requirement if its application results in an
increase in the cost under the plan or coverage by at least one
percent. The Interim Final Rules under 29 CFR 2590.712(f)(3)(i) and
(ii) require a group health plan electing to take advantage of this
exemption to provide a written notice to participants and beneficiaries
and to the federal government of the plan's election. This notice
requirement is approved under OMB control number 1210-0105. To satisfy
the requirement to notify the federal government, a group health plan
may either send the Department a copy of the summary of material
reductions in covered services or benefits sent to participants and
beneficiaries, or the plan may use the Department's model notice
published in the Interim Final Rule which was developed for this
purpose.
The second ICR, approved under OMB control number 1210-0106, is a
summary of the information used to calculate the plan's increased costs
under the MHPA for purposes of electing the one percent increased cost
exemption. The plan is required to make a copy of the summary available
to participants and beneficiaries, on request at no charge. Under 29
CFR 2590.712(f)(2), a group health plan wishing to elect the one
percent exemption must calculate their increased costs according to
certain rules.
II. 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
[[Page 54073]]
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., permitting
electronic submissions of responses.
III. Current Actions
The Department intends to request an extension of the ICRs
currently approved under control numbers 1210-0105 and 1210-0106
without change to the existing information collection provisions.
Although MHPA requirements will not apply to benefits for services
furnished on or after December 31, 2007, in accordance with the sunset
provision of section 712(f) of ERISA, in order to ensure that
participants and beneficiaries are aware of their rights under group
health plans, the Department intends to maintain the clearance of the
notice and disclosure provisions of MHPA through December 31, 2007 and
until such time as the sunset provision has taken effect without
additional Congressional action that would have the effect of extending
the duration of MHPA's applicability.
Type of Review: Extension of a currently approved collection.
Agency: U.S. Department of Labor, Employee Benefits Security
Administration.
Title: Notice to Participants and Beneficiaries and the Federal
Government of Electing One Percent Increased Cost Exemption.
OMB Number: 1210-0105.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Frequency: On occasion.
Respondents: 10.
Responses: 10,000.
Estimated burden hours (Operating and Maintenance): 333.
Estimated burden costs: $5,000.
Title: Calculation and Disclosure of Documentation of Eligibility
for Exemption.
OMB Number: 1210-0106.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Frequency: On occasion.
Respondents: 10.
Responses: 200.
Estimated burden hours (Operating and Maintenance): 10.
Estimated burden costs: $100.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of the ICRs; they will
also become a matter of public record.
Dated: September 13, 2007.
Joseph S. Piacentini,
Director, Office of Policy and Research, Employee Benefits Security
Administration.
[FR Doc. E7-18514 Filed 9-20-07; 8:45 am]
BILLING CODE 4510-29-P
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