This final rule changes the definition
of an eligible organization that can avail itself of an
accommodation with respect to coverage of certain preventive items
and services under section 2713 of the Public Health Service Act
(PHS Act), added by the Patient Protection and Affordable Care Act,
as amended, and incorporated into the Employee Retirement Income
Security Act of 1974 and the Internal Revenue Code. Section 2713 of
the PHS Act requires coverage without cost sharing of certain
preventive health services by non-grandfathered group health plans
and health insurance coverage. Among these services are women's
preventive health services, as specified in guidelines supported by
the Health Resources and Services Administration (HRSA). As
authorized by the current regulations, and consistent with the HRSA
Guidelines, group health plans established or maintained by certain
religious employers (and group health insurance coverage provided
in connection with such plans) are exempt from the otherwise
applicable requirement to cover certain contraceptive services.
Additionally, under current regulations, accommodations are
available with respect to the contraceptive coverage requirement
for group health plans established or maintained by eligible
organizations (and group health insurance coverage provided in
connection with such plans), and student health insurance coverage
arranged by eligible organizations that are institutions of higher
education, that effectively exempt them from this requirement. The
regulations establish a mechanism for separately furnishing
payments for contraceptive services on behalf of participants and
beneficiaries. Under the final rules qualifying closely held,
for-profit entities now may avail themselves of the accommodation
that previously only was available to non-profit entities in light
of the U.S. Supreme Court's decision in Burwell v. Hobby Lobby
Stores, Inc.
US Code:
29
USC 1185b Name of Law: Employee Retirement Income Security Act
of 1974
James Butikofer 202 693-8434
Butikofer.James@dol.gov
No
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.