DOL will begin
the process of getting this collection approved under the normal
process of the PRA and will consider any information obtained by
use of the notice during this 6 month period, as well as public
comments to improve the practical utility of the disclosure and
reduce its burden.
Inventory as of this Action
Requested
Previously Approved
07/31/2010
6 Months From Approved
203,795,000
0
0
1,053,000
0
0
25,271,000
0
0
On February 4, 2009, President Obama
signed the Childrens Health Insurance Program Reauthorization Act
of 2009 (CHIPRA, Pub. L. 111-3). Under ERISA section
701(f)(3)(B)(i)(I), PHS Act section 2701(f)(3)(B)(i)(I), and
section 9801(f)(3)(B)(i)(I) of the Internal Revenue Code, as added
by CHIPRA, an employer that maintains a group health plan in a
State that provides medical assistance under a State Medicaid plan
under title XIX of the Social Security Act (SSA), or child health
assistance under a State child health plan under title XXI of the
SSA, in the form of premium assistance for the purchase of coverage
under a group health plan, is required to make certain disclosures.
Specifically, the employer is required to notify each employee of
potential opportunities currently available in the State in which
the employee resides for premium assistance under Medicaid and CHIP
for health coverage of the employee or the employees dependents.
ERISA section 701(f)(3)(B)(i)(II) requires the Department of Labor
to provide employers with model language for the Employer CHIP
Notice to enable them to timely comply with this requirement. The
model is required to include information on how an employee may
contact the State in which the employee resides for additional
information regarding potential opportunities for premium
assistance, including how to apply for such assistance. Section
311(b)(1)(D) of CHIPRA provides that the Departments of Labor and
Health and Human Services shall develop the initial Model Employer
CHIP Notices under ERISA section 701(f)(3)(B)(i)(II), and the
Department of Labor shall provide such notices to employers, by
February 4, 2010. Moreover, each employer is required to provide
the initial annual notices to such employers employees beginning
with the first plan year that begins after the date on which the
initial model notices are first issued. The ICR relates to the
Model Employer Chip Notice.
On February 4, 2009,
President Obama signed the Childrens Health Insurance Program
Reauthorization Act of 2009 (CHIPRA, Pub. L. 111-3). CHIPRA
includes a requirement that the Departments of Labor (the
Department) and Health and Human Services (HHS) develop a model
notice for employers to use to inform employees of potential
opportunities currently available in the State in which the
employee resides for group health plan premium assistance under
Medicaid and the Childrens Health Insurance Program (CHIP). CHIPRA
requires the Department to provide the model notice to employers by
February 4, 2010. Emergency Request and Justification: EBSA is
hereby requesting that OCIO approve its request to submit the
CHIPRA model notice (model notice) information collection request
(ICR) to OMB under the emergency Paperwork Reduction Act (PRA)
procedures set for in 5 CFR 1320.13. As stated above, the
Department is required to issue the model notice by February 4,
2010, and use of the normal PRA clearance procedures is likely to
cause the statutory deadline to be missed. The Department
collaborated extensively with the states regarding the model
notice. On August 5, 2009, the Department and HHS held an
all-states call with State Medicaid & CHIP Directors to discuss
the notice requirements under section 311 of CHIPRA and receive
initial feedback on the development of the notice. After the call,
the Agencies developed a draft template for the model notice, and
on September 24, 2009, the model notice was sent to the State
representative for feedback on the text of the notice itself, as
well as verification of each states CHIP and Medicaid office
contact information. Comments were due by October 9, 2009, and
written comments were received from about half of the states, and
three states provided feedback directly to HHS over the phone. The
Departments considered all comments that were received, and the
model notice reflects many of the comments.
PL: Pub.L. 111 - 3 311(b)(1)(D) Name of Law:
Children's Health Insurance Program Reauthorization Act of 2009
US Code: 29 USC 1181(f)(3)(B)(i)(II) 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.
1210-0NEW- SS_CHIPRAERNotice.doc
Model Employer CHIP Notice