The Health Insurance Portability and
Accountability Act of 1996 (HIPAA), codified as Part 7 of Title I
of the Employee Retirement Security Act of 1974 (ERISA), was
enacted to improve the portability and continuity of health care
coverage for participants and beneficiaries of group health plans.
To insure compliance with Part 7, section 101(g) of ERISA, HIPAA
permits the Secretary of Labor (the Secretary) to require multiple
employer welfare arrangements (MEWAs), as defined in section 3(40)
of ERISA, to report to the Secretary in such form and manner as the
Secretary might determine. The Department of Labor (the Department)
published a final rule providing for such reporting on an annual
basis, together with a form (Form M-1) to be used by MEWAs for the
annual report. See 29 CFR 2520.101-2. Pursuant to section 101(g) of
ERISA, the Form M-1 information is used by governmental oversight
entities to determine the extent of compliance with the
requirements of Part 7 of ERISA by MEWAs and ECEs under section
3(40) of ERISA and to take appropriate compliance assistance and
enforcement actions. The ACA amended section 101(g) of ERISA to
require MEWAs that provide benefits consisting of medical care
(within the meaning of ERISA section 733(a)(2)) which are not group
health plans to register with the Secretary before operating in a
State, in addition to reporting annually regarding their compliance
with part 7 of ERISA. These proposed regulations, which are the
subject of this revised information collection request, implement
the ERISA section 101(g) MEWA registration mandate.
US Code:
29
USC 1021(g) Name of Law: Employee Retirement Income Security
Act of 1974 (ERISA)
US Code: 29 USC 1004(g) Name of Law: Employee
Income Secuity Act of 1974
This proposal amends existing
reporting rules to incorporate new requirements enacted as part of
the Patient Protection and Affordable Care Act (Affordable Care
Act) and to more clearly address the reporting obligations of MEWAs
that are ERISA plans. The amendment to section 101(g) of ERISA
requires that MEWAs register with the Department prior to operating
in a State. The estimate of respondents is based on actual 2006,
2007, 2008, and 2009 Form M-1 filings. As part of the revised
estimate taking into account the proposal, the Department now
assumes that all filers will file Form M-1 electronically as
required by the proposed rule.
$7,200
No
No
Yes
No
No
Uncollected
Chris Cosby 202
693-8540
No
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.