Notice Requirements of the Health Care Continuation Coverage Provisions

Forms and Documents

Document Name	Status
Justification for nonmaterial nonsubstantive change--COBRA Notices0312.doc Justification for No Material/Nonsubstantive Change	2010-03-12
Model Supplemental Information Notice 3 10 10.doc Supplementary Document	2010-03-12
Model Notice of Extended Election Period 3 10 10.doc Supplementary Document	2010-03-12
model New Election Period notice 3 10 10.doc Supplementary Document	2010-03-12
model General Notice 3 10 10.doc Supplementary Document	2010-03-12
model Alternative Notice 3 10 10.doc Supplementary Document	2010-03-12

IC Document Collections

IC ID	Document Title	Status
188172	COBRA Notification Requirements--American Recovery and Reinvestment Act of 2009 as amended by Department of Defense Appropriations Act, 2010 Other-Model Notice	Unchanged
13504	Notice Requirements of the Health Care Continuation Coverage Provisions Other-Final Rule	Unchanged

ICR Details

OMB Control No: 1210-0123	ICR Reference No: 201002-1210-003
Status: Historical Active	Previous ICR Reference No: 201001-1210-002
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Notice Requirements of the Health Care Continuation Coverage Provisions
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/31/2009
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/16/2010
	Date Received in OIRA: 03/16/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2010	07/31/2010	07/31/2010
Responses	23,737,957	0	23,737,957
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	25,187,739	0	25,187,739

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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: On December 19, 2009, President Obama signed the Department of Defense Appropriations Act, 2010 (Pub. L. 111-118), which extended the availability of the health care continuation coverage premium reduction provided for COBRA and other health care continuation coverage as required by the American Recovery and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5). ARRA, as amended, retained the 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, as amended, must provide notices of the availability of premium reductions and additional election periods for health care continuation coverage. The amendments to the COBRA ARRA provisions were unanticipated, and undue public harm is likely to result if the normal PRA clearance procedures are followed, because the Model Notices would be outdated and could not be relied upon by employers and millions of American workers and their families who are attempting to retain coverage under employer-sponsored group health plan during difficult economic times.

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

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 as amended by Department of Defense Appropriations Act, 2010

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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	23,737,957	23,737,957	0	0	0	0
Annual Time Burden (Hours)	0	0	0	0	0	0
Annual Cost Burden (Dollars)	25,187,739	25,187,739	0	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)? Yes

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: 03/16/2010

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