81_FR_11637 81 FR 11594 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Multiple Employer Welfare Arrangement Administrative Law Judge Administrative Hearing Procedures

81 FR 11594 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Multiple Employer Welfare Arrangement Administrative Law Judge Administrative Hearing Procedures

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 81, Issue 43 (March 4, 2016)

Page Range11594-11595
FR Document2016-04687

On February 29, 2016, the Department of Labor (DOL) will submit the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Multiple Employer Welfare Arrangement Administrative Law Judge Administrative Hearing Procedures,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

Federal Register, Volume 81 Issue 43 (Friday, March 4, 2016)
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11594-11595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04687]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Multiple Employer Welfare Arrangement 
Administrative Law Judge Administrative Hearing Procedures

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On February 29, 2016, the Department of Labor (DOL) will 
submit the Employee Benefits Security Administration (EBSA) sponsored 
information collection request (ICR) titled, ``Multiple Employer 
Welfare Arrangement Administrative Law Judge Administrative Hearing 
Procedures,'' to the Office of Management and Budget (OMB) for review 
and approval for continued use, without change, in accordance with the 
Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public 
comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before April 4, 2016.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201601-1210-001 or by contacting Michel Smyth by 
telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free 
numbers) or by email at [email protected].
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
EBSA, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to

[[Page 11595]]

send a courtesy copy of any comments by mail or courier to the U.S. 
Department of Labor-OASAM, Office of the Chief Information Officer, 
Attn: Departmental Information Compliance Management Program, Room 
N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by 
email at [email protected].

    Authority:  44 U.S.C. 3507(a)(1)(D).


SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for 
the Multiple Employer Welfare Arrangement (MEWA) Administrative Law 
Judge (ALJ) Administrative Hearing Procedures information collection 
requirements codified in regulations 29 CFR 2571.3. Employee Retirement 
Income Security Act of 1974 (ERISA) section 521 provides that the 
Secretary of Labor may issue ex parte cease and desist orders when it 
appears to the Secretary that the alleged conduct of a MEWA under ERISA 
section 3(40) is fraudulent or creates an immediate danger to the 
public safety or welfare or is causing or can be reasonably expected to 
cause significant, imminent, and irreparable public injury. See 29 
U.S.C. 1151, 2002(40). ERISA section 521(b) provides that a person who 
is adversely affected by the issuance of a cease and desist order may 
request an administrative hearing regarding the order. See 29 U.S.C. 
1151(b). The regulatory provision that is the subject of this ICR 
describes the procedures before an ALJ when a person seeks an 
administrative hearing for review of such an order.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by the OMB under the PRA and displays 
a currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1210-0148.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal, and the DOL seeks to extend PRA authorization 
for this information collection for three (3) more years, without any 
change to existing requirements. The DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. For additional 
substantive information about this ICR, see the related notice 
published in the Federal Register on November 23, 2015 (80 FR 72991).
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1210-0148. 
The OMB 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., permitting 
electronic submission of responses.
    Agency: DOL-EBSA.
    Title of Collection: Multiple Employer Welfare Arrangement 
Administrative Law Judge Administrative Hearing Procedures.
    OMB Control Number: 1210-0148.
    Affected Public: Private Sector--businesses or other for-profits.
    Total Estimated Number of Respondents: 10.
    Total Estimated Number of Responses: 10.
    Total Estimated Annual Time Burden: 20 hours.
    Total Estimated Annual Other Costs Burden: $595,700.

    Dated: February 26, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016-04687 Filed 3-3-16; 8:45 am]
 BILLING CODE 4510-29-P



                                                  11594                           Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices

                                                  395–5806 (this is not a toll-free                       Control Number. In addition,                            Total Estimated Number of
                                                  number); or by email:                                   notwithstanding any other provisions of               Responses: 456.
                                                  OIRA_submission@omb.eop.gov.                            law, no person shall generally be subject               Total Estimated Annual Time Burden:
                                                  Commenters are encouraged, but not                      to penalty for failing to comply with a               95 hours.
                                                  required, to send a courtesy copy of any                collection of information that does not                 Total Estimated Annual Other Costs
                                                  comments by mail or courier to the U.S.                 display a valid Control Number. See 5                 Burden: $81,900.
                                                  Department of Labor-OASAM, Office of                    CFR 1320.5(a) and 1320.6. The DOL                       Dated: February 26, 2016.
                                                  the Chief Information Officer, Attn:                    obtains OMB approval for this                         Michel Smyth,
                                                  Departmental Information Compliance                     information collection under Control                  Departmental Clearance Officer.
                                                  Management Program, Room N1301,                         Number 1210–0116.                                     [FR Doc. 2016–04686 Filed 3–3–16; 8:45 am]
                                                  200 Constitution Avenue NW.,                              OMB authorization for an ICR cannot
                                                                                                                                                                BILLING CODE 4510–29–P
                                                  Washington, DC 20210; or by email:                      be for more than three (3) years without
                                                  DOL_PRA_PUBLIC@dol.gov.                                 renewal, and the DOL seeks to extend
                                                                                                          PRA authorization for this information                DEPARTMENT OF LABOR
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          collection for three (3) more years,
                                                  Michel Smyth by telephone at 202–693–
                                                                                                          without any change to existing                        Office of the Secretary
                                                  4129, TTY 202–693–8064, (these are not
                                                                                                          requirements. The DOL notes that
                                                  toll-free numbers) or by email at                                                                             Agency Information Collection
                                                                                                          existing information collection
                                                  DOL_PRA_PUBLIC@dol.gov.                                                                                       Activities; Submission for OMB
                                                                                                          requirements submitted to the OMB
                                                     Authority: 44 U.S.C. 3507(a)(1)(D).                  receive a month-to-month extension                    Review; Comment Request; Multiple
                                                  SUPPLEMENTARY INFORMATION:      This ICR                while they undergo review. For                        Employer Welfare Arrangement
                                                  seeks to extend PRA authority for the                   additional substantive information                    Administrative Law Judge
                                                  Annual Report for Multiple Employer                     about this ICR, see the related notice                Administrative Hearing Procedures
                                                  Welfare Arrangements (MEWA), Form                       published in the Federal Register on
                                                                                                          November 23, 2015 (80 FR 72990).                      ACTION:   Notice.
                                                  M–1, information collection. The Health
                                                  Insurance Portability and                                 Interested parties are encouraged to                SUMMARY:   On February 29, 2016, the
                                                  Accountability Act of 1996, codified as                 send comments to the OMB, Office of                   Department of Labor (DOL) will submit
                                                  Part 7 of Title I of the Employee                       Information and Regulatory Affairs at                 the Employee Benefits Security
                                                  Retirement Income Security Act of 1974                  the address shown in the ADDRESSES                    Administration (EBSA) sponsored
                                                  (ERISA), was enacted to improve the                     section within thirty (30) days of                    information collection request (ICR)
                                                  portability and continuity of health care               publication of this notice in the Federal             titled, ‘‘Multiple Employer Welfare
                                                  coverage for group health plan                          Register. In order to help ensure                     Arrangement Administrative Law Judge
                                                  participants and beneficiaries. In the                  appropriate consideration, comments                   Administrative Hearing Procedures,’’ to
                                                  interest of assuring compliance with                    should mention OMB Control Number                     the Office of Management and Budget
                                                  Part 7, ERISA section 101(g) further                    1210–0116. The OMB is particularly                    (OMB) for review and approval for
                                                  permits the Secretary of Labor to require               interested in comments that:                          continued use, without change, in
                                                  a MEWA, as defined in ERISA section                       • Evaluate whether the proposed                     accordance with the Paperwork
                                                  3(40), to report to the Secretary in such               collection of information is necessary                Reduction Act of 1995 (PRA), 44 U.S.C.
                                                  form and manner as the Secretary might                  for the proper performance of the                     3501 et seq. Public comments on the
                                                  determine. See 29 U.S.C. 1021(g),                       functions of the agency, including                    ICR are invited.
                                                  1002(40). The DOL published a final                     whether the information will have                     DATES: The OMB will consider all
                                                  rule providing for such reporting on an                 practical utility;                                    written comments that agency receives
                                                                                                            • Evaluate the accuracy of the
                                                  annual basis, together with Form M–1 to                                                                       on or before April 4, 2016.
                                                                                                          agency’s estimate of the burden of the
                                                  be used by a MEWA for the annual                                                                              ADDRESSES: A copy of this ICR with
                                                                                                          proposed collection of information,
                                                  report. The reporting requirement                                                                             applicable supporting documentation;
                                                                                                          including the validity of the
                                                  enables the Secretary to determine                                                                            including a description of the likely
                                                                                                          methodology and assumptions used;
                                                  whether the requirements of ERISA Part                                                                        respondents, proposed frequency of
                                                                                                            • Enhance the quality, utility, and
                                                  7 are being carried out. The Patient                                                                          response, and estimated total burden
                                                                                                          clarity of the information to be
                                                  Protection and Affordable Care Act                                                                            may be obtained free of charge from the
                                                                                                          collected; and
                                                  (Pub. L. 111–148, 124 Stat. 119) and the                  • Minimize the burden of the                        RegInfo.gov Web site at http://
                                                  Health Care and Education                               collection of information on those who                www.reginfo.gov/public/do/
                                                  Reconciliation Act of 2010 (Pub. L.111–                 are to respond, including through the                 PRAViewICR?ref_nbr=201601-1210-001
                                                  152, 124 Stat. 1029) amended ERISA                      use of appropriate automated,                         or by contacting Michel Smyth by
                                                  section 101(g) to provide that a MEWA                   electronic, mechanical, or other                      telephone at 202–693–4129, TTY 202–
                                                  providing benefits consisting of medical                technological collection techniques or                693–8064, (these are not toll-free
                                                  care (within the meaning of ERISA                       other forms of information technology,                numbers) or by email at DOL_PRA_
                                                  section 733(a)(2), 29 U.S.C. 1191b(a)(2)),              e.g., permitting electronic submission of             PUBLIC@dol.gov.
                                                  that is not a group health plan, must                   responses.                                               Submit comments about this request
                                                  register with the Secretary prior to                      Agency: DOL–EBSA.                                   by mail or courier to the Office of
                                                  operating in a State.                                     Title of Collection: Annual Report for              Information and Regulatory Affairs,
                                                    This information collection is subject                                                                      Attn: OMB Desk Officer for DOL–EBSA,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          Multiple Employer Welfare
                                                  to the PRA. A Federal agency generally                  Arrangements.                                         Office of Management and Budget,
                                                  cannot conduct or sponsor a collection                    OMB Control Number: 1210–0116.                      Room 10235, 725 17th Street NW.,
                                                  of information, and the public is                         Affected Public: Private Sector—                    Washington, DC 20503; by Fax: 202–
                                                  generally not required to respond to an                 businesses or other for-profits and not-              395–5806 (this is not a toll-free
                                                  information collection, unless it is                    for-profit institutions.                              number); or by email: OIRA_
                                                  approved by the OMB under the PRA                         Total Estimated Number of                           submission@omb.eop.gov. Commenters
                                                  and displays a currently valid OMB                      Respondents: 456.                                     are encouraged, but not required, to


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                                                                                  Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices                                                  11595

                                                  send a courtesy copy of any comments                    without any change to existing                        OFFICE OF MANAGEMENT AND
                                                  by mail or courier to the U.S.                          requirements. The DOL notes that                      BUDGET
                                                  Department of Labor-OASAM, Office of                    existing information collection
                                                  the Chief Information Officer, Attn:                    requirements submitted to the OMB                     Calendar Year (CY) 2015 Cost of
                                                  Departmental Information Compliance                     receive a month-to-month extension                    Outpatient Medical, Dental, and
                                                  Management Program, Room N1301,                         while they undergo review. For                        Cosmetic Surgery Services Furnished
                                                  200 Constitution Avenue NW.,                            additional substantive information                    by Department of Defense Medical
                                                  Washington, DC 20210; or by email:                      about this ICR, see the related notice                Treatment Facilities; Certain Rates
                                                  DOL_PRA_PUBLIC@dol.gov.                                 published in the Federal Register on                  Regarding Recovery From Tortiously
                                                  FOR FURTHER INFORMATION CONTACT:                        November 23, 2015 (80 FR 72991).                      Liable Third Persons
                                                  Contact Michel Smyth by telephone at                      Interested parties are encouraged to
                                                  202–693–4129, TTY 202–693–8064,                         send comments to the OMB, Office of                   AGENCY: Office of Management and
                                                  (these are not toll-free numbers) or by                 Information and Regulatory Affairs at                 Budget, Executive Office of the
                                                  email at DOL_PRA_PUBLIC@dol.gov.                        the address shown in the ADDRESSES                    President.
                                                     Authority: 44 U.S.C. 3507(a)(1)(D).                  section within thirty (30) days of
                                                                                                          publication of this notice in the Federal             ACTION:   Notice.
                                                  SUPPLEMENTARY INFORMATION:     This ICR
                                                  seeks to extend PRA authority for the                   Register. In order to help ensure
                                                                                                          appropriate consideration, comments                   SUMMARY:    By virtue of the authority
                                                  Multiple Employer Welfare                                                                                     vested in the President by section 2(a)
                                                  Arrangement (MEWA) Administrative                       should mention OMB Control Number
                                                                                                          1210–0148. The OMB is particularly                    of Public Law 87–603 (76 Stat. 593; 42
                                                  Law Judge (ALJ) Administrative Hearing
                                                                                                          interested in comments that:                          U.S.C. 2652), and delegated to the
                                                  Procedures information collection
                                                                                                            • Evaluate whether the proposed                     Director of the Office of Management
                                                  requirements codified in regulations 29
                                                  CFR 2571.3. Employee Retirement                         collection of information is necessary                and Budget (OMB) by the President
                                                  Income Security Act of 1974 (ERISA)                     for the proper performance of the                     through Executive Order No. 11541 of
                                                  section 521 provides that the Secretary                 functions of the agency, including                    July 1, 1970, the rates referenced below
                                                  of Labor may issue ex parte cease and                   whether the information will have                     are hereby established. These rates are
                                                  desist orders when it appears to the                    practical utility;                                    for use in connection with the recovery
                                                  Secretary that the alleged conduct of a                   • Evaluate the accuracy of the                      from tortiously liable third persons for
                                                  MEWA under ERISA section 3(40) is                       agency’s estimate of the burden of the                the cost of outpatient medical, dental
                                                  fraudulent or creates an immediate                      proposed collection of information,                   and cosmetic surgery services furnished
                                                  danger to the public safety or welfare or               including the validity of the                         by military treatment facilities through
                                                  is causing or can be reasonably expected                methodology and assumptions used;                     the Department of Defense. They are the
                                                  to cause significant, imminent, and                       • Enhance the quality, utility, and                 same rates as the outpatient medical,
                                                  irreparable public injury. See 29 U.S.C.                clarity of the information to be                      dental and cosmetic surgery services
                                                  1151, 2002(40). ERISA section 521(b)                    collected; and                                        reimbursement rates that were set on
                                                  provides that a person who is adversely                                                                       July 1, 2015 for billing medical insurers,
                                                  affected by the issuance of a cease and                   • Minimize the burden of the
                                                                                                          collection of information on those who                but require a different approval
                                                  desist order may request an                                                                                   authority for the purpose of billing for
                                                  administrative hearing regarding the                    are to respond, including through the
                                                                                                          use of appropriate automated,                         tort liability. The rates were established
                                                  order. See 29 U.S.C. 1151(b). The                                                                             in accordance with the requirements of
                                                  regulatory provision that is the subject                electronic, mechanical, or other
                                                                                                          technological collection techniques or                OMB Circular A–25, requiring
                                                  of this ICR describes the procedures
                                                                                                          other forms of information technology,                reimbursement of the full cost of all
                                                  before an ALJ when a person seeks an
                                                  administrative hearing for review of                    e.g., permitting electronic submission of             services provided. The CY 2015
                                                  such an order.                                          responses.                                            outpatient medical, dental and cosmetic
                                                     This information collection is subject                 Agency: DOL–EBSA.                                   surgery rates referenced are effective
                                                  to the PRA. A Federal agency generally                    Title of Collection: Multiple Employer              upon publication of this notice in the
                                                  cannot conduct or sponsor a collection                  Welfare Arrangement Administrative                    Federal Register and will remain in
                                                  of information, and the public is                       Law Judge Administrative Hearing                      effect until further notice. Previously
                                                  generally not required to respond to an                 Procedures.                                           published inpatient rates remain in
                                                  information collection, unless it is                      OMB Control Number: 1210–0148.                      effect until further notice. Pharmacy
                                                  approved by the OMB under the PRA                                                                             rates are updated periodically. A full
                                                                                                            Affected Public: Private Sector—
                                                  and displays a currently valid OMB                                                                            disclosure of the rates is posted at
                                                                                                          businesses or other for-profits.
                                                  Control Number. In addition,                                                                                  Health.mil Web site in the Defense
                                                  notwithstanding any other provisions of                   Total Estimated Number of                           Health Agency Uniform Business Office
                                                  law, no person shall generally be subject               Respondents: 10.
                                                                                                                                                                section (http://health.mil/Military-
                                                  to penalty for failing to comply with a                   Total Estimated Number of                           Health-Topics/Business-Support/
                                                  collection of information that does not                 Responses: 10.                                        Uniform-Business-Office).
                                                  display a valid Control Number. See 5                     Total Estimated Annual Time Burden:
                                                  CFR 1320.5(a) and 1320.6. The DOL                       20 hours.                                             Shaun Donovan,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  obtains OMB approval for this                             Total Estimated Annual Other Costs                  Director, Office Management and Budget.
                                                  information collection under Control                    Burden: $595,700.                                     [FR Doc. 2016–04856 Filed 3–3–16; 8:45 am]
                                                  Number 1210–0148.                                                                                             BILLING CODE P
                                                     OMB authorization for an ICR cannot                    Dated: February 26, 2016.
                                                  be for more than three (3) years without                Michel Smyth,
                                                  renewal, and the DOL seeks to extend                    Departmental Clearance Officer.
                                                  PRA authorization for this information                  [FR Doc. 2016–04687 Filed 3–3–16; 8:45 am]
                                                  collection for three (3) more years,                    BILLING CODE 4510–29–P




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Document Created: 2018-02-02 15:05:42
Document Modified: 2018-02-02 15:05:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe OMB will consider all written comments that agency receives on or before April 4, 2016.
ContactContact Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]
FR Citation81 FR 11594 

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