Notice Requirements of the Health Care Continuation Coverage Provisions

Forms and Documents

Document Name	Status
1210-0123_ER-FRN(03-05-09).pdf Supplementary Document	2009-03-05
SSCOBRA09stimulu.doc Supporting Statement A	2009-03-15
Note to Reviewer of 1210-0123.doc Supplementary Document	2009-02-27

IC Document Collections

IC ID	Document Title	Status
188172	COBRA Notification Requirements--American Recovery and Reinvestment Act of 2009 Other- ARRA Model COBRA Initial Election Notice	New
13504	Notice Requirements of the Health Care Continuation Coverage Provisions Other-Final Rule	Unchanged

ICR Details

OMB Control No: 1210-0123	ICR Reference No: 200902-1210-004
Status: Historical Active	Previous ICR Reference No: 200704-1210-001
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Notice Requirements of the Health Care Continuation Coverage Provisions
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/10/2009
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/17/2009
	Date Received in OIRA: 03/05/2009
Terms of Clearance: This emergency information collection request is approved as amended, and conditional upon the understanding that DOL will work with the IRS to develop a Q&A document that adequately addresses the question of COBRA/subsidy eligibility, including same-sex spouses.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2009	6 Months From Approved	08/31/2010
Responses	38,114,957	0	15,237,957
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	34,500,473	0	18,387,739

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Abstract: On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (ARRA) of 2009, Public Law 111-5. ARRA includes a requirement that the Secretary of Labor (the Secretary), in consultation with the Secretaries of the Treasury and Health and Human Services, develop model notices. These models are for use by group health plans and other entities that, pursuant to ARRA, must provide notices of the availability of premium reductions and additional election periods for health care continuation coverage.

Emergency Justfication: Section 3001 of the American Recovery and Reinvestment Act of 2009 (ARRA) provides “Assistance Eligible Individuals” with the right to pay reduced COBRA premiums for up to 9 months. To be considered an “Assistance Eligible Individual” and receive reduced premiums an individual must (1) be eligible for, and elect, COBRA continuation coverage, (2) experienced an involuntary termination of employment which led to the continuation coverage election opportunity, (3) the involuntary termination must have occurred during the period beginning September 1, 2008, and ending with December 31, 2009, and (4) not be eligible for Medicare or coverage under any other group health plan, such as a plan sponsored by a successor employer or a spouse’s employer. Individuals who experienced an involuntary termination of employment at any time from September 1, 2008 through February 16, 2009 and were offered, but did not elect, COBRA coverage OR who elected COBRA and subsequently dropped it may have the right to an additional 60-day election period. ARRA section 3001(a)(7)requires COBRA notices to be modified to explain the availability of the premium reduction and to provide other information. ARRA section 3001(a)(7)(D) requires the Secretary of Labor to consult with the Secretaries of Treasury and Health and Human Services to draft model notices for the additional notifications required under the ARRA no later than March 17, 2009. The information collection relates to the model notices. If the Department were to comply with standard PRA clearance procedures, it would not be meet the ARRA-mandated requirement to publish the model notices within 30 days after the ARRA enactment date. As required by ARRA, the Department consulted with the Departments of Treasury and Health and Human Services in drafting the notices to ensure that the burden of the information collection is minimized.

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Authorizing Statute(s): PL: Pub.L. 111 - 5 3001(a)(7)(D) Name of Law: American Recovery and Reinvestment Act of 2009
   US Code: 29 USC 1166 Name of Law: Employee Retirement Income Security Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 5 3001(a)(7)(D) Name of Law: American Recovery and Reinvestment Act of 2009

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Notice Requirements of the Health Care Continuation Coverage Provisions
COBRA Notification Requirements--American Recovery and Reinvestment Act of 2009

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	38,114,957	15,237,957	22,877,000	0	0	0
Annual Time Burden (Hours)	0	0	0	0	0	0
Annual Cost Burden (Dollars)	34,500,473	18,387,739	16,112,734	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/05/2009

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