Section 2719 of the Public Health
Service Act, incorporated into Code section 9815 by section 1563(f)
of the Patient Protection and Affordable Care Act, Public Law
111-148, requires group health plans and issuers of group health
insurance coverage, in connection with internal appeals of claims
denials, to provide claimants free of charge with any evidence
relied upon in deciding the appeal that was not relied on in making
the initial denial of the claim. This is a third party disclosure
requirement. Individuals appealing a denial of a claim should be
able to respond to any new evidence the plan or issuer relies on in
the appeal, and this disclosure requirement is essential so that
the claimant knows of the new evidence.
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.