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Federal Register / Vol. 64, No.

248 / Tuesday, December 28, 1999 / Notices 72697

Currently, the Pension and Welfare use of appropriate automated, DEPARTMENT OF LABOR
Benefits Administration is soliciting electronic, mechanical, or other
comments concerning the proposed technological collection techniques or Pension and Welfare Benefits
extension of a currently approved other forms of information technology, Administration
collection of information, Notice of e.g., permitting electronic submissions
Special Enrollment Rights. A copy of Proposed Extension of Information
of responses.
the proposed information collection Collection Request Submitted for
Current Actions: The Department has Public Comment and
request (ICR) can be obtained by
contacting the addressee below. not modified the ICR incorporated in Recommendations; Notice of Pre-
the April 8 Interim Rules, but intends to Existing Condition Exclusion, Health
DATES: Written comments must be
submit the ICR to OMB for continued Insurance Portability for Group Health
submitted on or before January 27, 2000.
clearance. Comments received in Plans
ADDRESSES: Gerald B. Lindrew, response to this notice will be
Department of Labor, Pension and ACTION: Notice.
incorporated in the submission to OMB.
Welfare Benefits Administration, 200 The existing ICR should be continued SUMMARY: The Department of Labor, as
Constitution Avenue, NW, Washington,
because it implements the disclosure part of its continuing effort to reduce
D.C. 20210, (202) 219–4782, FAX (202)
requirements mandated by the paperwork and respondent burden,
219–4745 (not toll-free numbers).
portability provisions enacted in section provides the general public and Federal
SUPPLEMENTARY INFORMATION: agencies with an opportunity to
701 of HIPAA. Specifically, this ICR
Background implements the statutorily prescribed comment on proposed and/or
requirements necessary to provide continuing collections of information in
Subtitle B of title 1 or ERISA, Part 7,
notice of enrollment rights. The special accordance with the Paperwork
section 707, added by the Health Care
enrollment rules generally apply to Reduction Act of 1995 (PRA 95) ( 44
Portability and Accountability Act of
circumstances when the participant U.S.C. 3506(c)(2)(A)). This program
1996 (Pub. L. 104–191, August 31, 1996)
initially declined to enroll in the plan, helps to ensure that requested data can
(HIPAA) authorizes the Secretary of
and subsequently would like to have be provided in the desired format,
Labor, in coordination with the
coverage. reporting burden (time and financial
Secretary of Health and Human Services
resources) is minimized, collection
(HHS) and the Secretary of the Treasury, The April 8 Interim Rules offer a instruments are clearly understood and
to promulgate such regulations as may model form to be used by group health the impact of collection requirements on
be necessary or appropriate to carry out plans and health insurance issuers, respondents can be properly assessed,
the provisions of the statute. containing the minimum information Currently, the Pension and Welfare
Accordingly, Interim Rules mandated by the statute. Benefits Administration is soliciting
implementing the Portability
Agency: Department of Labor, Pension comments concerning the proposed
Requirement for Group Health Plans
and Welfare Benefits Administration. extension of a currently approved
were published on April 8, 1997, (62 FR
collection of information, Notice of Pre-
16920 through 16923) (April 8 Interim Title: Notice of Enrollment Rights.
Existing Condition Exclusion. A copy of
Rules). Type of Review: Extension of a the proposed information collection
In order to improve participants’ currently approved collection. request (ICR) can be obtained by
understanding of their rights under an
OMB Number: 1210–0101. contacting the addressee identified
employer’s group health plan, HIPAA
below.
requires that a participant be provided Affected Public: Business or other for-
with a description of a plan’s special DATES: Written comments must be
profit, Not-for-profit institutions,
enrollment rules on or before the time submitted on or before February 28,
Individuals or households.
when a participant is offered the 2000.
Frequency of Response: On occasion. ADDRESSES: Gerald B. Lindrew,
opportunity to enroll in a group health
plan. Respondents: 15,290. Department of Labor, Pension and
Responses: 1,612,690. Welfare Benefits Administration, 200
Review Focus Constitution Avenue, NW, Washington,
Estimated Total Burden Hours: 6,720. DC 20210, (202) 219–4782, FAX (202)
The Department of Labor
(Department) is particularly interested Total Burden Cost (Operating and 219–4745 (not toll-free numbers).
in comments which: Maintenance): $860,000. SUPPLEMENTARY INFORMATION:
• Evaluate whether the proposed Comments submitted in response to
collection of information is necessary Background
this notice will be summarized and/or
for the proper performance of the included in the request for Office of Subtitle B of title 1 of ERISA, Part 7,
functions of the agency, including Management and Budget approval of the section 707, added by the Health Care
whether the information will have information collection request; they will Portability and Accountability Act of
practical utility; 1996 (Pub. L. 104–191, Aug. 31, 1996)
also become a matter of public record.
• Evaluate the accuracy of the (HIPAA) authorizes the Secretary of
agency’s estimate of the burden of the Dated: December 22, 1999. Labor, in coordination with the
proposed collection of information, Gerald B. Lindrew, Secretary of Health and Human Services
including the validity of the Deputy Director, Office of Policy and Research (HHS) and the Secretary of the Treasury,
methodology and assumptions used; Pension and Welfare Benefits Administration. to promulgate such regulations as may
• Enhance the quality, utility, and [FR Doc. 99–33599 Filed 12–27–99; 8:45 am] be necessary or appropriate to carry out
clarity of the information to be BILLING CODE 4510–29–M
the provisions of the statute.
collected; and Accordingly, Interim Rules
• Minimize the burden of the implementing the Portability
collection of information on those who Requirement for Group Health Plans
are to respond, including through the were published on April 8, 1997 (62 FR

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72698 Federal Register / Vol. 64, No. 248 / Tuesday, December 28, 1999 / Notices

16920 through 16923) (April 8 Interim and that the plan or issuer will assist the Reduction Act of 1995 (PRA 95) (44
Rules). participant in obtaining a certificate of U.S.C. 3506(c)(2)(A)). This program
In order to meet HIPAA’s goal of prior coverage from any prior plan or helps to ensure that requested data can
improving portability of health care issuer, if necessary. Plans that use the be provided in the desired format,
coverage, participants need to alternative method of crediting coverage reporting burden (time and financial
understand their right to demonstrate must disclose their method at the time resources) is minimized, collection
prior creditable coverage when entering of enrollment in the plan. instruments are clearly understood, and
a group health plan that imposes pre- In addition, the April 8 Interim Rules the impact of collection requirements on
existing condition exclusion provisions. require that before a plan or issuer respondents can be properly assessed.
In addition, participants entering plans imposes a preexisting condition Currently, the Pension and Welfare
that use an alternative method of exclusion on a particular participant, it Benefits Administration is soliciting
determining creditable coverage also must first disclose that determination in comments concerning the proposed
need to be informed of the plan’s writing, including the basis of the extension of a currently approved
provisions. Therefore, the Department decision, and an explanation of any collection of information, Establishing
has determined that plans that contain appeal procedure established by the Prior Creditable Coverage. A copy of the
these provisions must disclose that fact plan or issuer. proposed information collection request
to new participants, as well as inform Agency: Department of Labor, Pension (ICR) can be obtained by contacting the
individual participants of the extent to and Welfare Benefits Administration. addressee below.
which a pre-existing condition Title: Notice of Pre-Existing DATES: Written comments must be
exclusion applies to them. Exclusion. submitted on or before February 28,
Review Focus Type of Review: Extension of a 2000.
currently approved collection. ADDRESSES: Gerald B. Lindrew,
The Department of Labor OMB Number: 1210–0102.
(Department) is particularly interested Department of Labor, Pension and
Affected Public: Business or other for- Welfare Benefits Administration, 200
in comments which: profit, Not-for-profit institutions,
• Evaluate whether the proposed Individuals or households.
Constitution Avenue, NW, Washington,
collection of information is necessary DC 20210, (202) 219–4782, FAX (202)
Frequency of Response: On occasion. 219–4745 (not toll-free numbers).
for the proper performance of the Respondents: 6,900.
functions of the agency, including Responses: 1,612,750. SUPPLEMENTARY INFORMATION:
whether the information will have Total Estimated Burden Hours: 6,875. Background
practical utility; Total Burden Cost (Operating and
• Evaluate the accuracy of the Subtitle B of title 1 of ERISA, Part 7,
Maintenance): $710,000. section 707, added by the Health Care
agency’s estimate of the burden of the
Comments submitted in response to Portability and Accountability Act of
proposed collection of information,
this notice will be summarized and/or 1996 (Pub. L. 104–191, August 31, 1996)
including the validity of the
included in the request for Office of (HIPAA) authorizes the Secretary of
methodology and assumptions used;
• Enhance the quality, utility, and Management and Budget approval of the Labor, in coordination with the
clarity of the information to be information collection request; they will Secretary of Health and Human Services
collected; and also become a matter of public record. (HHS) and the Secretary of the Treasury,
• Minimize the burden of the Dated: December 22, 1999. to promulgate such regulations as may
collection of information on those who Gerald B. Lindrew, be necessary or appropriate to carry out
are to respond, including through the Deputy Director, Office of Policy and the provisions of the statute.
use of appropriate automated, Research, Pension and Welfare Benefits Accordingly, Interim Rules
electronic, mechanical, or other Administration. implementing the Portability
technological collection techniques or [FR Doc. 99–33600 Filed 12–27–99; 8:45 am] Requirement for Group Health Plans
other forms of information technology, BILLING CODE 4510–29–M were published on April 8, 1997, (62 FR
e.g., permitting electronic submissions 16920 through 16923) (April 8 Interim
of responses. Rules).
Current Actions: The Department has DEPARTMENT OF LABOR In order to meet HIPAA’s goal of
not modified the ICR incorporated in improving access to and portability of
the April 8 Interim Rules, but intends to Pension and Welfare Benefits health care benefits, the statute provides
submit the ICR to OMB for continued Administration that, after the submission of evidence
clearance. Comments received in establishing prior creditable coverage, a
response to this notice will be Proposed Extension of Information
subsequent health insurance provider
incorporated in the submission of OMB. Collection Request Submitted for
would be limited to the extent to which
The existing collection of information Public Comment and
it could use pre-existing condition
should be continued because it Recommendations; Establishing Prior
exclusions to limit coverage. This ICR
implements disclosure requirements Creditable Coverage, Health Insurance
covers the submission of materials
mandated by the portability provisions Portability for Group Health Plans
sufficient to establish prior creditable
enacted in section 701 of HIPAA. Under ACTION: Notice. coverage.
the April 8 Interim Final Rules, a group
health plan or health insurance issuer SUMMARY: The Department of Labor, as Review Focus
may not impose any pre-existing part of its continuing effort to reduce The Department of Labor
condition exclusions on a participant paperwork and respondent burden, (Department) is particularly interested
unless the participant has been notified provides the general public and Federal in comments which:
in writing that the plant contains agencies with an opportunity to • Evaluate whether the proposed
preexisting condition exclusions, that a comment on proposed and/or collection of information is necessary
participant has a right to demonstrate continuing collections of information in for the proper performance of the
any period of prior creditable coverage, accordance with the Paperwork functions of the agency, including

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