This emergency information collection request is approved as amended, and conditional upon the understanding that DOL will work with the IRS to develop a Q&A document that adequately addresses the question of COBRA/subsidy eligibility, including same-sex spouses.
Inventory as of this Action
Requested
Previously Approved
09/30/2009
6 Months From Approved
08/31/2010
38,114,957
0
15,237,957
0
0
0
34,500,473
0
18,387,739
On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (ARRA) of 2009, Public Law 111-5. ARRA includes a requirement that the Secretary of Labor (the Secretary), in consultation with the Secretaries of the Treasury and Health and Human Services, develop model notices. These models are for use by group health plans and other entities that, pursuant to ARRA, must provide notices of the availability of premium reductions and additional election periods for health care continuation coverage.
Section 3001 of the American Recovery and Reinvestment Act of 2009 (ARRA) provides ÂAssistance Eligible Individuals with the right to pay reduced COBRA premiums for up to 9 months. To be considered an ÂAssistance Eligible Individual and receive reduced premiums an individual must (1) be eligible for, and elect, COBRA continuation coverage, (2) experienced an involuntary termination of employment which led to the continuation coverage election opportunity, (3) the involuntary termination must have occurred during the period beginning September 1, 2008, and ending with December 31, 2009, and (4) not be eligible for Medicare or coverage under any other group health plan, such as a plan sponsored by a successor employer or a spouseÂs employer. Individuals who experienced an involuntary termination of employment at any time from September 1, 2008 through February 16, 2009 and were offered, but did not elect, COBRA coverage OR who elected COBRA and subsequently dropped it may have the right to an additional 60-day election period.
ARRA section 3001(a)(7)requires COBRA notices to be modified to explain the availability of the premium reduction and to provide other information. ARRA section 3001(a)(7)(D) requires the Secretary of Labor to consult with the Secretaries of Treasury and Health and Human Services to draft model notices for the additional notifications required under the ARRA no later than March 17, 2009. The information collection relates to the model notices.
If the Department were to comply with standard PRA clearance procedures, it would not be meet the ARRA-mandated requirement to publish the model notices within 30 days after the ARRA enactment date. As required by ARRA, the Department consulted with the Departments of Treasury and Health and Human Services in drafting the notices to ensure that the burden of the information collection is minimized.
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.
1210-0123_ER-FRN(03-05-09).pdf
SSCOBRA09stimulu.doc
COBRA Notification Requirements--American Recovery and Reinvestment Act of 2009