DOL Issues Information Collection on Notice of Special Enrollment Rights Under Group Health Plans; Comments Due August 1

Published June 29, 2022

The Department of Labor's (DOL) Employee Benefits Security Administration (EBSA) submitted an information collection request to the Office of Management and Budget (OMB) for review and approval on the notice of special enrollment rights under group health plans.

The Health Insurance Probability and Accountability Act (HIPAA) provisions limit the extent to which group health plans and their health insurance issuers can restrict health coverage based on pre-existing conditions for individuals who previously had health coverage. Section 701(f) of ERISA also provides special enrollment rights to individuals who have previously declined health coverage offered to them to enroll in health coverage upon the occurrence of specified events. Plans and issuers are required to provide for 30-day special enrollment periods following any of these events, during which individuals who are eligible but not enrolled have a right to enroll without being denied enrollment or having to wait for a late enrollment opportunity.

Comments are invited on:
  • Whether the collection of information is necessary for the proper performance of the functions of DOL, including whether the information will have practical utility;
  • If the information will be processed and used promptly;
  • The accuracy of the agency's estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used;
  • Ways to enhance the quality, utility and clarity of the information collection; and
  • Ways to minimize the burden of information collection on those who are to respond, including using automated collection techniques or other forms of information technology.

Comments are due August 1, 2022.