The Health Insurance Portability and
Accountability Act of 1996 (HIPAA), codified as Part 7 of Title I
of the Employee Retirement Income Security Act of 1974 (ERISA), was
enacted to improve the portability and continuity of health care
coverage for participants and beneficiaries of group health plans.
To insure compliance with Part 7, section 101(g) of ERISA, HIPAA
permits the Secretary of Labor (the Secretary) to require multiple
employer welfare arrangements (MEWAs), as defined in section 3(40)
of ERISA, to report to the Secretary in such form and manner as the
Secretary might determine. The Department of Labor (the Department)
published a final rule providing for such reporting on an annual
basis, together with a form (Form M-1) to be used by MEWAs for the
annual report. See 29 CFR 2520.101-2. Pursuant to section 101(g) of
ERISA, the Form M-1 information is used by governmental oversight
entities to determine the extent of compliance with the
requirements of Part 7 of ERISA by MEWAs and ECEs under section
3(40) of ERISA and to take appropriate compliance assistance and
enforcement actions. The Affordable Care Act (ACA) was enacted on
March 23, 2010; the Health Care and Education Reconciliation Act
(the Reconciliation Act), Public Law 111-152, 124 Stat. 1029, was
enacted on March 30, 2010. The ACA amended section 101(g) of ERISA
to require MEWAs that provide benefits consisting of medical care
(within the meaning of ERISA section 733(a)(2)) which are not group
health plans to register with the Secretary before operating in a
State, in addition to reporting annually regarding their compliance
with part 7 of ERISA. The final regulations implement the ERISA
section 101(g) MEWA registration mandate. Thus, paragraph (a) of
the final rule sets forth how section 101(g) of ERISA requires
MEWAs that provide benefits consisting of medical care (within the
meaning of section 733(a)(2) of ERISA) to register with the
Secretary prior to operating in a State, and to report annually
regarding compliance with part 7 of ERISA.
US Code:
29
USC 1021(g) Name of Law: Employee Retirement Income Security
Act of 1974 (ERISA)
There are no program changes
for this submission. This submission reflects updated data on the
number of annual Form M-1 filings and new Form M-1 filings based on
data from the most recent three years of submissions. It also
reflects updated labor costs. These updated data inputs increase
the number of responses by 21 responses, increase the hour burden
by 4 hours, and decrease the cost burden by $28,222 compared with
the prior submission.
$7,200
No
No
No
Yes
No
No
Uncollected
Allan Beckmann 202 693-8429
beckmann.allan@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.
Form Form M-1 Annual Report for Multiple Employer Welfare Arrangements and Certain Entities Claiming Exception (Form M-1)
1210-0116 ss19 4-17-2019.docx
Annual Report for Multiple Employer Welfare Arrangements and Certain Entities Claiming Exception (Form M-1)