82 FR 47769 - Proposed Extension of Information Collection Request Submitted for Public Comment; Coverage of Certain Preventive Services Under the Affordable Care Act-Private Sector
DEPARTMENT OF LABOR
Employee Benefits Security Administration Federal Register Volume 82, Issue 197 (October 13, 2017)
Employee Benefits Security Administration
Federal Register Volume 82, Issue 197 (October 13, 2017)
| Page Range | 47769-47770 | |
| FR Document | 2017-22064 |
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)] [Notices] [Pages 47769-47770] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22064] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection Request Submitted for Public Comment; Coverage of Certain Preventive Services Under the Affordable Care Act--Private Sector AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95), 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 a revision of the Coverage of Certain Preventive Services under the Affordable Care Act--Private Sector information collection request (ICR) to reflect the Executive Order signed on May 4, 2017, ``Executive Order Promoting Free Speech and Religious Liberty.'' The order declares, regarding ``Conscience Protections with Respect to Preventive-Care Mandate,'' that ``[t]he Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services shall consider issuing amended regulations, consistent with applicable law, to address conscience-based objections to the preventive-care mandate promulgated under section 300gg-13(a)(4) of title 42, United States Code.'' 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 December 12, 2017. ADDRESSES: Direct all written comments regarding the information collection request and burden estimates to the Office of Policy and Research, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-5718, 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 email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Background The Departments of Labor, the Treasury, and Health and Human Services are issuing interim final regulations regarding coverage of certain preventive services under section 2713 of the Public Health Service Act (PHS Act), added by the Patient Protection and Affordable Care Act, as amended, and incorporated into the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. Section 2713 of the PHS Act requires coverage without cost sharing of certain preventive health services by non-grandfathered group health plans and health insurance coverage. Among these services are women's preventive health services, as specified in guidelines supported by the Health Resources and Services Administration (HRSA). As authorized by final regulations issued on July 2, 2013 (78 FR 39870), and consistent with the HRSA guidelines, group health plans established or maintained by certain religious employers (and group health insurance coverage provided in connection with such plans) are exempt from the otherwise applicable requirement to cover certain contraceptive services. Additionally, under the final regulations, group health plans established or maintained by certain nonprofit organizations that hold themselves out as religious organizations and that have religious objections to contraceptive coverage (eligible organizations) are eligible for an accommodation. The final regulations require each organization seeking accommodation to self-certify that it meets the definition of an eligible organization. The organization must send a copy of the self- certification to an issuer or third-party administrator. The organizations seeking the accommodation must maintain the self- certification/notification in a manner consistent with the record retention requirements under section 107 of the Employee Retirement Income Security Act of 1974, which generally requires records to be maintained for six years. The form that is used by eligible organizations for their self-certification is EBSA Form 700, which is an information collection request (ICR) subject to the Paperwork Reduction Act. The August 2014 interim final and July 2015 final regulations augmented the 2013 final regulations and revised the EBSA Form 700 ICR in light of the [[Page 47770]] Wheaton order.\1\ Specifically, the final regulations continued to allow eligible organizations to notify an issuer or third party administrator using EBSA Form 700, as set forth in the July 2013 final regulations. In addition, the final regulations permitted an alternative process, consistent with the Wheaton order, under which an eligible organization could notify the Secretary of HHS that it will not act as the plan administrator or claims administrator with respect to, or contribute to the funding of, coverage of all or a subset of contraceptive services. The notification must include information sufficient to identify the plan, plan type (including whether it is a church plan within the meaning of ERISA section 3(33)), and the identity and mailing addresses of any third party administrators. --------------------------------------------------------------------------- \1\ The Supreme Court of the United States interim order in connection with an application for an injunction in the pending case of Wheaton College v. Burwell (the ``Wheaton order''). --------------------------------------------------------------------------- The 2017 interim final rules amend the Departments' July 2015 final regulations to expand the exemption to include additional entities (any kind of non-governmental employer) and persons that object based on religious beliefs or moral convictions objecting to contraceptive or sterilization coverage, and by making the accommodation compliance process optional for eligible organizations instead of mandatory. These rules leave in place HRSA's discretion to continue to require contraceptive and sterilization coverage where no objection exists, and to the extent that PHS Act section 2713 otherwise applies. With respect to employers, the expanded exemption in these rules covers employers that have religious beliefs or moral convictions objecting to coverage of all or a subset of contraceptives or sterilization and related patient education and counseling. While the rules cover any kind of non-governmental employer but, for the sake of clarity, these regulations also include an illustrative list of employers whose objection qualifies the plans they sponsor for an exemption. Consistent with the current exemption, exempt entities will not be required to comply with a self-certification process. Although exempt entities do not need to file notices or certifications of their exemption, existing rules governing health plans require that a plan document specify what is and is not covered. Thus where an exemption applies and all or a subset of contraception is omitted from a plan's coverage, the plan document and otherwise applicable ERISA disclosures \2\ should reflect the omission of coverage. This is not an added obligation, but it will serve to help provide notice of what plans do and do not cover. --------------------------------------------------------------------------- \2\ See, e.g., 29 CFR 2520.104b-3(d). --------------------------------------------------------------------------- As in the previous rule, institutions of higher education that arrange student health insurance coverage will continue to be treated similar to the way employers are treated for the purposes of such plans being exempt. These interim final rules also exempt group health plans sponsored by an entity other than an employer, and health insurance issuers in the group and individual market, that object based on religious beliefs or moral convictions to coverage of contraceptives or sterilization. The rules also exempt health coverage offered or provided to certain individuals with their own religious or moral objections. Employers that under the previous rules had used the accommodation process, but can now be exempt may now choose to revoke their use of the accommodation process, but in order to do so they must provide participants and beneficiaries written notice of such revocation as soon as possible. The Office of Management and Budget (OMB) approved the amendments to EBSA Form 700 required as a revision to OMB Control Number 1210-0150 under the emergency procedures for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35) and 5 CFR 1320.13. OMB's approval of the revision currently are schedule to expire on September 30, 2018. In an effort to consolidate the number of information collection requests, the Department is combining the burden from 1210-0152 into 1210-0150. Once this ICR is approved the Department will discontinue. 1210-0152. II. Current Actions This notice requests public comment pertaining to the Department's request for extension of OMB's approval of its revision to EBSA Form 700. After considering comments received in response to this notice, the Department intends to submit an ICR to OMB for continuing approval. Changes to the current ICR include an expansion to the number of firms that qualify for the exemption, making the accommodation process optional, and requiring firms that are revoking their current accommodation to send a notice to plan participants and beneficiaries. 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: Type of Review: Revised Collection. Agency: DOL-EBSA. Title: Coverage of Certain Preventive Services under the Affordable Care Act--Private Sector. OMB Numbers: 1210-0150. Affected Public: Private Sector--Not for profit and religious organizations; businesses or other for profits. Total Respondents: 114 (combined with HHS total is 227). Total Responses: 274,628 (combined with HHS total is 549,255). Frequency of Response: On occasion. Estimated Total Annual Burden Hours: 181 (combined with HHS total is 362 hours). Estimated Total Annual Burden Cost: $68,662 (combined with HHS total is $137,325). 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: October 5, 2017. Joseph S. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. 2017-22064 Filed 10-12-17; 8:45 am] BILLING CODE 4510-29-P
![Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices 47769
cases occurring on tribal lands in tribal DEPARTMENT OF LABOR electronically to the following Internet
or state courts; non-prosecutorial email address: ebsa.opr@dol.gov.
services provided on tribal lands (such Employee Benefits Security SUPPLEMENTARY INFORMATION:
as victim services and community Administration
I. Background
outreach services); information sharing
Proposed Extension of Information The Departments of Labor, the
with tribal governments; training
Collection Request Submitted for Treasury, and Health and Human
received by prosecutors about tribal
Public Comment; Coverage of Certain Services are issuing interim final
lands; and the number and types of Preventive Services Under the
referrals to and cases prosecuted by regulations regarding coverage of certain
Affordable Care Act—Private Sector preventive services under section 2713
state prosecutors. The survey is
designed to describe the role that state AGENCY: Employee Benefits Security of the Public Health Service Act (PHS
and local prosecutor offices play in Administration, Department of Labor. Act), added by the Patient Protection
charging and prosecuting crimes that ACTION: Notice. and Affordable Care Act, as amended,
occur on tribal lands in PL–280 states. and incorporated into the Employee
SUMMARY: The Department of Labor (the Retirement Income Security Act of 1974
(5) An estimate of the total number of Department), in accordance with the and the Internal Revenue Code. Section
respondents and the amount of time Paperwork Reduction Act of 1995 (PRA 2713 of the PHS Act requires coverage
estimated for an average respondent to 95), provides the general public and without cost sharing of certain
respond: BJS expects to cognitively test Federal agencies with an opportunity to preventive health services by non-
the revised survey with about 10 offices comment on proposed and continuing grandfathered group health plans and
with an estimated burden of 60 minutes collections of information. This helps health insurance coverage. Among these
per respondent. BJS plans to contact the Department assess the impact of its services are women’s preventive health
about 50 prosecutor offices by telephone information collection requirements and services, as specified in guidelines
to ask whether they provide services to minimize the reporting burden on the supported by the Health Resources and
tribal lands with an expected public and helps the public understand Services Administration (HRSA).
respondent burden of 10 minutes per the Department’s information collection As authorized by final regulations
respondent. After the pilot test, BJS will requirements and provide the requested issued on July 2, 2013 (78 FR 39870),
determine the total number of offices data in the desired format. Currently, and consistent with the HRSA
that will be contacted in the full survey the Employee Benefits Security guidelines, group health plans
effort. For the full survey, BJS estimates Administration is soliciting comments established or maintained by certain
a maximum of 315 offices and a on a revision of the Coverage of Certain religious employers (and group health
Preventive Services under the insurance coverage provided in
respondent burden of about 30 minutes
Affordable Care Act—Private Sector connection with such plans) are exempt
per office, including follow-up time.
information collection request (ICR) to from the otherwise applicable
(6) An estimate of the total public reflect the Executive Order signed on requirement to cover certain
burden (in hours) associated with the May 4, 2017, ‘‘Executive Order contraceptive services. Additionally,
collection: The total respondent burden Promoting Free Speech and Religious under the final regulations, group health
for the cognitive test is approximately Liberty.’’ The order declares, regarding plans established or maintained by
10 hours. The total respondent burden ‘‘Conscience Protections with Respect to certain nonprofit organizations that hold
for the telephone pilot test is Preventive-Care Mandate,’’ that ‘‘[t]he themselves out as religious
approximately 8 burden hours. The Secretary of the Treasury, the Secretary organizations and that have religious
maximum expected respondent burden of Labor, and the Secretary of Health objections to contraceptive coverage
for the full survey effort is and Human Services shall consider (eligible organizations) are eligible for
approximately 158 burden hours. The issuing amended regulations, consistent an accommodation.
total burden for this effort is with applicable law, to address The final regulations require each
approximately 176 burden hours. conscience-based objections to the organization seeking accommodation to
preventive-care mandate promulgated self-certify that it meets the definition of
If additional information is required under section 300gg–13(a)(4) of title 42, an eligible organization. The
contact: Melody Braswell, Department United States Code.’’ organization must send a copy of the
Clearance Officer, United States A copy of the information collection self-certification to an issuer or third-
Department of Justice, Justice request (ICR) may be obtained by party administrator. The organizations
Management Division, Policy and contacting the office listed in the seeking the accommodation must
Planning Staff, Two Constitution ADDRESSES section of this notice. maintain the self-certification/
Square, 145 N Street NE., 3E.405A, DATES: Written comments must be notification in a manner consistent with
Washington, DC 20530. submitted to the office shown in the the record retention requirements under
Dated: October 10, 2017. ADDRESSES section on or before section 107 of the Employee Retirement
Melody Braswell, December 12, 2017. Income Security Act of 1974, which
ADDRESSES: Direct all written comments generally requires records to be
Department Clearance Officer for PRA, U.S.
regarding the information collection maintained for six years. The form that
Department of Justice.
is used by eligible organizations for
asabaliauskas on DSKBBXCHB2PROD with NOTICES
request and burden estimates to the
[FR Doc. 2017–22167 Filed 10–12–17; 8:45 am]
Office of Policy and Research, Employee their self-certification is EBSA Form
BILLING CODE 4410–18–P 700, which is an information collection
Benefits Security Administration, U.S.
Department of Labor, 200 Constitution request (ICR) subject to the Paperwork
Avenue NW., Room N–5718, Reduction Act.
Washington, DC 20210. Telephone: The August 2014 interim final and
(202) 693–8410; Fax: (202) 219–4745. July 2015 final regulations augmented
These are not toll-free numbers. the 2013 final regulations and revised
Comments may also be submitted the EBSA Form 700 ICR in light of the
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![47770 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices
Wheaton order.1 Specifically, the final disclosures 2 should reflect the omission information collection unless it displays
regulations continued to allow eligible of coverage. This is not an added a valid OMB control number. A
organizations to notify an issuer or third obligation, but it will serve to help summary of the ICR and the current
party administrator using EBSA Form provide notice of what plans do and do burden estimates follows:
700, as set forth in the July 2013 final not cover. Type of Review: Revised Collection.
regulations. In addition, the final As in the previous rule, institutions of Agency: DOL–EBSA.
regulations permitted an alternative higher education that arrange student Title: Coverage of Certain Preventive
process, consistent with the Wheaton health insurance coverage will continue Services under the Affordable Care
order, under which an eligible to be treated similar to the way Act—Private Sector.
organization could notify the Secretary employers are treated for the purposes OMB Numbers: 1210–0150.
of such plans being exempt. These Affected Public: Private Sector—Not
of HHS that it will not act as the plan
interim final rules also exempt group for profit and religious organizations;
administrator or claims administrator
health plans sponsored by an entity businesses or other for profits.
with respect to, or contribute to the
other than an employer, and health Total Respondents: 114 (combined
funding of, coverage of all or a subset of
insurance issuers in the group and with HHS total is 227).
contraceptive services. The notification Total Responses: 274,628 (combined
must include information sufficient to individual market, that object based on
religious beliefs or moral convictions to with HHS total is 549,255).
identify the plan, plan type (including Frequency of Response: On occasion.
whether it is a church plan within the coverage of contraceptives or
Estimated Total Annual Burden
meaning of ERISA section 3(33)), and sterilization. The rules also exempt
Hours: 181 (combined with HHS total is
the identity and mailing addresses of health coverage offered or provided to
362 hours).
any third party administrators. certain individuals with their own
Estimated Total Annual Burden Cost:
religious or moral objections.
The 2017 interim final rules amend Employers that under the previous $68,662 (combined with HHS total is
the Departments’ July 2015 final rules had used the accommodation $137,325).
regulations to expand the exemption to process, but can now be exempt may III. Desired Focus of Comments
include additional entities (any kind of now choose to revoke their use of the
non-governmental employer) and The Department of Labor
accommodation process, but in order to (Department) is particularly interested
persons that object based on religious do so they must provide participants
beliefs or moral convictions objecting to in comments that:
and beneficiaries written notice of such
contraceptive or sterilization coverage, revocation as soon as possible. • Evaluate whether the proposed
and by making the accommodation The Office of Management and Budget collection of information is necessary for the
compliance process optional for eligible proper performance of the functions of the
(OMB) approved the amendments to
agency, including whether the information
organizations instead of mandatory. EBSA Form 700 required as a revision will have practical utility;
These rules leave in place HRSA’s to OMB Control Number 1210–0150 • Evaluate the accuracy of the agency’s
discretion to continue to require under the emergency procedures for estimate of the burden of the proposed
contraceptive and sterilization coverage review and clearance in accordance collection of information, including the
where no objection exists, and to the with the Paperwork Reduction Act of validity of the methodology and assumptions
extent that PHS Act section 2713 1995 (Pub. L. 104–13, 44 U.S.C. Chapter used;
otherwise applies. With respect to 35) and 5 CFR 1320.13. OMB’s approval • Enhance the quality, utility, and clarity
employers, the expanded exemption in of the revision currently are schedule to of the information to be collected; and
these rules covers employers that have • Minimize the burden of the collection of
expire on September 30, 2018. In an
information on those who are to respond,
religious beliefs or moral convictions effort to consolidate the number of including through the use of appropriate
objecting to coverage of all or a subset information collection requests, the automated, electronic, mechanical, or other
of contraceptives or sterilization and Department is combining the burden technological collection techniques or other
related patient education and from 1210–0152 into 1210–0150. Once forms of information technology, e.g., by
counseling. While the rules cover any this ICR is approved the Department permitting electronic submissions of
kind of non-governmental employer but, will discontinue. 1210–0152. responses.
for the sake of clarity, these regulations Comments submitted in response to
also include an illustrative list of II. Current Actions
this notice will be summarized and/or
employers whose objection qualifies the This notice requests public comment included in the ICR for OMB approval
plans they sponsor for an exemption. pertaining to the Department’s request of the extension of the information
Consistent with the current for extension of OMB’s approval of its collection; they will also become a
exemption, exempt entities will not be revision to EBSA Form 700. After matter of public record.
required to comply with a self- considering comments received in
response to this notice, the Department Dated: October 5, 2017.
certification process. Although exempt Joseph S. Piacentini,
entities do not need to file notices or intends to submit an ICR to OMB for
continuing approval. Changes to the Director, Office of Policy and Research,
certifications of their exemption, Employee Benefits Security Administration.
existing rules governing health plans current ICR include an expansion to the
require that a plan document specify number of firms that qualify for the [FR Doc. 2017–22064 Filed 10–12–17; 8:45 am]
what is and is not covered. Thus where exemption, making the accommodation BILLING CODE 4510–29–P
asabaliauskas on DSKBBXCHB2PROD with NOTICES
an exemption applies and all or a subset process optional, and requiring firms
of contraception is omitted from a plan’s that are revoking their current
accommodation to send a notice to plan DEPARTMENT OF LABOR
coverage, the plan document and
otherwise applicable ERISA participants and beneficiaries. The
Department notes that an agency may Bureau of Labor Statistics
1 The Supreme Court of the United States interim
not conduct or sponsor, and a person is Comment Request
order in connection with an application for an not required to respond to, an
injunction in the pending case of Wheaton College AGENCY:Bureau of Labor Statistics,
v. Burwell (the ‘‘Wheaton order’’). 2 See, e.g., 29 CFR 2520.104b–3(d). Department of Labor.
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Document Created: 2017-10-13 04:33:29
Document Modified: 2017-10-13 04:33:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Written comments must be submitted to the office shown in the | |
| FR Citation | 82 FR 47769 |
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