Under final regulations titled
“Coverage of Certain Preventive Services under the Affordable Care
Act” qualifying entities may now avail themselves of the
accommodation to effectively exempt them from the otherwise
applicable requirement to cover certain contraceptive services. To
avoid contracting, arranging, paying, or referring for
contraceptive coverage, an organization seeking to be treated as an
eligible organization under the final regulations may self-certify
(by using EBSA Form 700), that it meets the definition of an
eligible organization. The self-certification will not be submitted
to any of the Departments. The organization must maintain the
self-certification in its records in a manner consistent with ERISA
section 107 and make it available for examination upon request. The
eligible organization must provide a copy of its self-certification
to each health insurance issuer that would otherwise provide such
coverage in connection with the health plan (for insured group
health plans or student health insurance coverage). The issuer that
receives the self-certification must provide for separate payments
for contraceptive services for plan participants and beneficiaries
(or students and dependents). For a self-insured group health plan,
the self-certification must be provided to its third party
administrator. An eligible organization may also submit a
notification to HHS as an alternative to submitting the EBSA Form
700 to the eligible organization’s health insurance issuer or third
party administrator. A health insurance issuer or third party
administrator providing or arranging payments for contraceptive
services for participants and beneficiaries in plans (or student
enrollees and covered dependents in student health insurance
coverage) of eligible organizations must 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. To satisfy the notice requirement,
issuers and third party administrators may use the model language
set forth in the 2013 final regulations or substantially similar
language. Employers that under the previous rules had used the
accommodation process, but can now be exempt may now choose to
revoke their use of the accommodation process, but in order to do
so they must provide participants and beneficiaries written notice
of such revocation as soon as possible. In an effort to consolidate
the number of information collection requests, the Department is
combining OMB control numbers 1210-0150 and 1210-0152 which will
cover the private sector (for-profit and not-for-profit) . Once
1210-0150 is approved the Department will discontinue
1210-0152.
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.
SS 1210-0150 10-24-18.docx
Notice of Revocation of Accommodation