The Information Collection requires
plans established or maintained by certain religious employers (and
group health insurance coverage provided in connection with such
plans) claiming exemption to providing contraceptive service to
self-certify that it meets the definition of an eligible
organization. The eligible organization would provide its health
insurance issuer or third party administrator with a copy of its
self-certification. The final regulations direct a third party
administrator arranging or providing payments for contraceptive
services at no cost to participants and beneficiaries in insured or
self-insured plans (or student enrollees and covered dependents in
student health insurance coverage) of eligible organizations to
provide a written notice to such plan participants and
beneficiaries (or such student enrollees and covered dependents)
informing them of the availability of such payments. The notice
must be provided contemporaneous with (to the extent possible) but
separate from plan enrollment (or re-enrollment) materials, and
must specify that contraceptive coverage will not be provided by
the eligible organization but that the third party administrator
will separately arrange or provide payments for contraceptive
services, and must provide contact information for the third party
administrator for questions and complaints. To satisfy the notice
requirement, third party administrators may use the model language
set forth in the final regulations or substantially similar
language. The Departments issued interim final regulations in light
of the Supreme Court's interim order in Wheaton College v. Burwell
concerning notification to the Federal government that an eligible
organization has a religious objection to providing contraceptive
coverage, as an alternative to the EBSA Form 700, and to preserve
participants' and beneficiaries' access to coverage for the full
range of FDA-approved contraceptives, as prescribed by a health
care provider, without cost sharing, which is also consistent with
the Supreme Court's order. The interim final regulations amend the
EBSA Form 700 ICR. The Department revised this ICR pursuant to the
emergency PRA clearance procedures set forth under 5 CFR 1320.13 in
order to implement the Supreme Court's order and make an
alternative process for eligible organizations available as soon as
possible. The Department is now requesting a full, three-year
extension from OMB.
US Code:
29
USC 1185b Name of Law: Employee Retirement Income Security Act
of 1974
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:
(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;
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.