Proposed Extension of Information Collection Request Submitted for Public Comment and Recommendations; Notice of Special Enrollment Rights, Health Insurance Portability for Group Health Plans

Background

Subtitle B of title 1 or ERISA, Part 7, section 707, added by the Health Care Portability and Accountability Act of 1996 (Pub. L. 104- 191, August 31, 1996) (HIPAA) authorizes the Secretary of Labor, in coordination with the Secretary of Health and Human Services (HHS) and the Secretary of the Treasury, to promulgate such regulations as may be necessary or appropriate to carry out the provisions of the statute. Accordingly, Interim Rules implementing the Portability Requirement for Group Health Plans were published on April 8, 1997, (62 FR 16920 through 16923) (April 8 Interim Rules). In order to improve participants' understanding of their rights under an employer's group health plan, HIPAA requires that a participant be provided with a description of a plan's special enrollment rules on or before the time when a participant is offered the opportunity to enroll in a group health plan.

Review Focus

The Department of Labor (Department) is particularly interested in comments which: • 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 submissions of responses. Current Actions: The Department has not modified the ICR incorporated in the April 8 Interim Rules, but intends to submit the ICR to OMB for continued clearance. Comments received in response to this notice will be incorporated in the submission to OMB. The existing ICR should be continued because it implements the disclosure requirements mandated by the portability provisions enacted in section 701 of HIPAA. Specifically, this ICR implements the statutorily prescribed requirements necessary to provide notice of enrollment rights. The special enrollment rules generally apply to circumstances when the participant initially declined to enroll in the plan, and subsequently would like to have coverage. The April 8 Interim Rules offer a model form to be used by group health plans and health insurance issuers, containing the minimum information mandated by the statute. Agency: Department of Labor, Pension and Welfare Benefits Administration. Title: Notice of Enrollment Rights. Type of Review: Extension of a currently approved collection. OMB Number: 1210-0101. Affected Public: Business or other for-profit, Not-for-profit institutions, Individuals or households. Frequency of Response: On occasion. Respondents: 15,290. Responses: 1,612,690. Estimated Total Burden Hours: 6,720. Total Burden Cost (Operating and Maintenance): $860,000. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.

Dated: December 22, 1999. Gerald B. Lindrew, Deputy Director, Office of Policy and Research Pension and Welfare Benefits Administration. [FR Doc. 99-33599 Filed 12-27-99; 8:45 am] BILLING CODE 4510-29-M