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Proposed Form M-1 Revisions

As described in the Notice of Proposed Form Revisions published in the December 6, 2011 Federal Register and pursuant to changes made to ERISA section 101(g) by the Patient Protection and Affordable Care Act, Pub. L. 111-148, 124 Stat. 119 (2010) and the corresponding Notice of Proposed Rulemaking also published in the Federal Register on December 6, 2011, EBSA intends to revise the Form M-1 and instructions. Interested parties can view (or download for later viewing or printing) the proposed Form M-1 and instructions. The Department is interested in comments on all aspects of the proposed Form and instructions.

The proposed Form and its instructions should not be used to satisfy the current Form M-1 filing requirements.

Comments on the proposed changes to the Form and instructions may be submitted to the Department of Labor by one of the methods described below. Please only send comments related to the proposed Form and instructions. Refer to the December 6, 2011 issue of the Federal Register for instructions on submitting comments related to the proposed rulemaking.

  1. Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments for this Notice under RIN 1210ľAB51.
  2. Email: E-OHPSCAM-1Revisions.EBSA@dol.gov
  3. Mail or Hand Delivery: Office of Health Plan Standards and Compliance Assistance, Employee Benefits Security Administration, Room N-5653, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210, Attention: RIN 1210ľAB51; Revision of Form M-1

DOL has announced a two-week extension of the comment period on its proposed rule requiring multiple employer welfare arrangements (MEWAs) to register with the department. Interested parties now have until March 19, 2012, to submit comments on the proposed rule. Those who have already submitted comments or plan to submit comments should note that there was an error in the preamble published in the Federal Register (76 FR 76222) that incorrectly listed the EBSA email address. Comments sent electronically prior to February 22, 2012, should be resent to the correct email address to ensure they are received and given due consideration.  For more information see the news release.

All comments will be made available to the public at www.regulations.gov and www.dol.gov/ebsa, and made available for public inspection at the Public Disclosure Room, N-1513, Employee Benefits Security Administration, 200 Constitution Avenue, NW, Washington, DC 20210. Warning: Do not include any personally identifiable information (such as name, address, or other contact information) or confidential business information that you do not want publicly disclosed. All comments may be posted on the Internet and can be retrieved by most Internet search engines. Comments may be submitted anonymously.

For further information, contact Kevin Horahan or Suzanne Bach, Office of Health Plan Standards and Compliance Assistance, at (202) 693-8335. This is not a toll-free number.