Pursuant to section 401(a) of the CSPIA, the Department of Labor (the Department) and HHS jointly promulgated the National Medical Support Notice Final Rule on December 27, 2000 (65 FR 82128) (NMSN Regulation). The NMSN Regulation simplifies the issuance and processing of medical child support orders; standardizes communication between State agencies, employers, and Plan Administrators; and creates a uniform and streamlined process for enforcement of medical child support to ensure that all eligible children receive the health care coverage to which they are entitled.
The NMSN Regulation, codified at 29 CFR 2590.609-2, includes a model National Medical Support Notice (NMSN) that is comprised of two parts: part A is a notice from the State agency to the employer, entitled: âNotice to Withhold for Health Care Coverage;â and part B is a notice from the employer to the Plan Administrator, entitled: âMedical Support Notice to Plan Administrator.â Both parts have detailed instructions informing the recipient to whom responses are due depending on varying circumstances. This ICR addresses the Plan Administrator's responsibilities under NMSN Regulation to complete part B of the NMSN, the âPlan Administrator Response,â pursuant to the CSPIA and section 609(a)(5)(C) of title I of ERISA.
The âPlan Administrator Responseâ in part B of the NMSN requires the Plan Administrator to provide information verifying whether the child is or will be receiving health care coverage from the group health plan. If enrollment has already occurred or can begin immediately, the Plan Administrator's response in part B serves as notice to the State agency, the participant (parent), the child, their non-participant parent or guardian and the employer that the child is or will begin receiving dependent health care coverage pursuant to the group health plan. When the child is eligible for more than one coverage option, the Administrator must first send the part B response to the State agency so that the agency may choose one option. The Plan Administrator must also use the part B response to notify all of the above-affected persons of any waiting period before enrollment of the child can occur.
US Code:
29 USC 1169(a)
Name of Law: Employee Retirement Income Security Act of 1974
In 2022, this information collection was revised to require an additional addendum for all states without e-NMSN. The costs to prepare these addendums were one-time costs, which will now be simply included with the overall notice. As a result, there is no separate cost for the addendum. This will substantially lower the costs associated with this information collection. Additionally, the Department has updated the plan data, health insurance data, wage rates, and material costs. The Department has also used an updated methodology to estimate the costs associated with mailing. As a result, the number of responses decreased by 8,598,579, the hour burden decreased by 319,516 hours, and the cost burden by $472,787.
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.
1210-0113 NMSN SS 11-14-2025.docx
Response to the Employee Benefits Security Administration (EBSA) Comment Request on Agency Information Collection Activities (9).msg
National Medical Support Notice - Part B