Interim Rules for Amending ERISA Disclosure Requirements for
Group Health Plans; Approval of Information Collection Requirements [07/07/1997]
Volume 62, Number 129, Page 36205[DOCID:fr07jy97-3]
[[Page 36205]]
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DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
29 CFR Part 2520
RIN 1210-AA55
Interim Rules for Amending ERISA Disclosure Requirements for
Group Health Plans; Approval of Information Collection Requirements
AGENCY: Pension and Welfare Benefits Administration, Department of
Labor.
ACTION: Interim rules; approval of information collection requirements.
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SUMMARY: On April 8, 1997, the Department of Labor published interim
final rules governing disclosure requirements for private sector group
health plans (62 FR 16979). The rules implemented changes made to
certain provisions of the Employee Retirement Income Security Act of
1974 (ERISA), enacted as part of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and the Newborns' and Mothers'
Health Protection Act of 1996 (NMHPA). In the April 8 publication, the
Department submitted its revision of the currently approved collection
regarding Summary Plan Description requirements under ERISA to the
Office of Management and Budget (OMB) for emergency review under the
Paperwork Reduction Act of 1995 (PRA 95). This document amends the
April 8 Federal Register document to properly display the OMB control
number, 1210-0039.
DATES: These amendments are effective June 1, 1997.
FOR FURTHER INFORMATION CONTACT:
Gerald B. Lindrew, Office of Policy and Research, U.S. Department of
Labor, Pension and Welfare Benefits Administration, 200 Constitution
Avenue, N.W., Room N-5647, Washington, D.C. 20210; telephone (202) 219-
4782. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: The interim rules govern the content of the
summary plan description (SPD) for group health plans, the furnishing
of summaries of material reductions in covered services or benefits by
group health plans, and the disclosure of SPD and related materials by
group health plans through electronic media. The rules were adopted on
an interim basis in order to accommodate statutorily established time
frames for providing regulatory guidance.
OMB reviewed the Department of Labor's collection of information
requirements in accordance with the Paperwork Reduction Act of 1995
(PRA 95), 44 U.S.C. chapter 35, and 5 CFR 1320.11. On May 30, 1997, OMB
approved revision of the information collection requirements contained
in 29 CFR 2520.102-3, 2520.104b-1, and 2520.104b-3 under OMB control
number 1210-0039. This approval expires on December 31, 1997.
Statutory Authorities
The interim regulation is adopted pursuant to authority contained
in Section 505 of ERISA (Pub. L. 93-406, 88 Stat. 894, 29 U.S.C. 1135)
and sections 104(b) and 734 of ERISA, as amended, (Pub. L. 104-191, 110
Stat. 1936, 1951 and Pub. L. 104-204, 110 Stat. 2935, 29 U.S.C. 1024
and 1191c) and under the Secretary of Labor's Order No. 1-87, 52 FR
13139, April 21, 1987.
List of Subjects in 29 CFR Part 2520
Accounting, Employee benefit plans, Employee Retirement Income
Security Act, Group health plans, Health care, Health insurance,
Pensions, Reporting and recordkeeping requirements, Welfare benefit
plans.
For the reasons set forth above, Part 2520 of Title 29 of the Code
of Federal Regulations is amended as follows:
PART 2520--[AMENDED]
1. The authority citation for Part 2520 continues to read as
follows:
Authority: Sec. 101, 102, 103, 104, 105, 109, 110, 111(b)(2),
111(c), and 505, Pub. L. 93-406, 88 Stat. 840-52 and 894 (29 U.S.C.
1021-25, 1029-31, and 1135); Secretary of Labor's Order No. 27-74,
13-76, 1-87, and Labor Management Services Administration Order 2-6.
Sections 2520.102-3, 2520.104b-1 and 2520.104b-3 are also issued
under sec. 101 (a), (c) and (g)(4) of Pub. L. 104-191, 110 Stat.
1936, 1939, 1951, and 1955 and sec. 603 of Pub. L. 104-204, 110
Stat. 2935 (29 U.S.C. 1185 and 1191c).
2. Section 2520.102-3 is amended by adding a parenthetical at the
end of the section to read as follows:
Sec. 2520.102-3 Contents of summary plan description.
* * * * *
(Approved by the Office of Management and Budget under control
number 1210-0039.)
3. Section 2520.104b-1 is amended by adding a parenthetical at the
end of the section to read as follows:
Sec. 2520.104b-1 Disclosure.
* * * * *
(Approved by the Office of Management and Budget under control
number 1210-0039.)
4. Section 2520.104b-3 is amended by adding a parenthetical at the
end of the section to read as follows:
Sec. 2520.104b-3 Summary of material modifications to the plan and
changes in the information required to be included in the summary plan
description.
* * * * *
(Approved by the Office of Management and Budget under control
number 1210-0039.)
Signed at Washington D.C. this 1st day of July, 1997.
Alan D. Lebowitz,
Deputy Assistant Secretary for Program Operations, Pension and Welfare
Benefits Administration, U.S. Department of Labor.
[FR Doc. 97-17635 Filed 7-3-97; 8:45 am]
BILLING CODE 4510-29-M
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