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Written/Paper Submissions docket number, found in brackets in the II. Paperwork Reduction Act of 1995 Submit written/paper submissions as heading of this document, into the The guidance refers to previously follows: ‘‘Search’’ box and follow the prompts approved FDA collections of • Mail/Hand Delivery/Courier (for and/or go to the Dockets Management information. These collections of written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, information are subject to review by the Management Staff (HFA–305), Food and Rockville, MD 20852. Office of Management and Budget Drug Administration, 5630 Fishers You may submit comments on any (OMB) under the Paperwork Reduction Lane, Rm. 1061, Rockville, MD 20852. guidance at any time (see 21 CFR Act of 1995 (PRA) (44 U.S.C. 3501– • For written/paper comments 10.115(g)(5)). 3521). The collections of information in submitted to the Dockets Management An electronic copy of the guidance 21 CFR part 807, subpart E, have been Staff, FDA will post your comment, as document is available for download approved under OMB control number well as any attachments, except for from the internet. See the 0910–0120; the collections of information submitted, marked and SUPPLEMENTARY INFORMATION section for information in 21 CFR part 801 have identified, as confidential, if submitted information on electronic access to the been approved under OMB control as detailed in ‘‘Instructions.’’ guidance. Submit written requests for a number 0910–0485; and the collections Instructions: All submissions received single hard copy of the SECG entitled of information in 21 CFR part 807, must include the Docket No. FDA– ‘‘Classification of Posterior Cervical subparts A through D, have been 2015–N–3785 for ‘‘Classification of Screw Systems: Small Entity approved under OMB control number Posterior Cervical Screw Systems: Small Compliance Guide’’ to the Office of 0910–0625. Entity Compliance Guide.’’ Received Policy, Guidance and Policy III. Electronic Access comments will be placed in the docket Development, Center for Devices and and, except for those submitted as Radiological Health, Food and Drug Persons interested in obtaining a copy ‘‘Confidential Submissions,’’ publicly Administration, 10903 New Hampshire of the SECG may do so by downloading viewable at https://www.regulations.gov Ave., Bldg. 66, Rm. 5431, Silver Spring, an electronic copy from the internet. A or at the Dockets Management Staff MD 20993–0002. Send one self- search capability for all Center for between 9 a.m. and 4 p.m., Monday addressed adhesive label to assist that Devices and Radiological Health through Friday. office in processing your request. guidance documents is available at • Confidential Submissions—To https://www.fda.gov/MedicalDevices/ submit a comment with confidential FOR FURTHER INFORMATION CONTACT: DeviceRegulationandGuidance/ information that you do not wish to be Constance Soves, Center for Devices and GuidanceDocuments/default.htm. This made publicly available, submit your Radiological Health, Food and Drug guidance document is also available at comments only as a written/paper Administration, 10903 New Hampshire https://www.regulations.gov. Persons submission. You should submit two Ave., Bldg. 66, Rm. 1656, Silver Spring, unable to download an electronic copy copies total. One copy will include the MD 20993–0002, 301–796–6951, of ‘‘Classification of Posterior Cervical information you claim to be confidential [email protected]. Screw Systems’’ may send an email with a heading or cover note that states SUPPLEMENTARY INFORMATION: request to [email protected] ‘‘THIS DOCUMENT CONTAINS to receive an electronic copy of the CONFIDENTIAL INFORMATION.’’ The I. Background document. Please use the document Agency will review this copy, including In the Federal Register of 1, number 20008 and complete title to the claimed confidential information, in 2019 (84 FR 12088), FDA issued a final identify the guidance you are its consideration of comments. The rule to classify posterior cervical screw requesting. second copy, which will have the systems into class II (special controls) Date: , 2020. claimed confidential information and to continue to require a premarket Lowell J. Schiller, redacted/blacked out, will be available notification (510(k)) to provide a Principal Associate Commissioner for Policy. for public viewing and posted on reasonable assurance of safety and https://www.regulations.gov. Submit [FR Doc. 2020–09188 Filed 5–1–20; 8:45 am] effectiveness of the device (the final BILLING CODE 4164–01–P both copies to the Dockets Management rule). The final rule, which is codified Staff. If you do not wish your name and at 21 CFR 888.3075, became effective contact information to be made publicly , 2019. available, you can provide this DEPARTMENT OF THE TREASURY information on the cover sheet and not In compliance with section 212 of the in the body of your comments and you Small Business Regulatory Enforcement Internal Revenue Service must identify this information as Fairness Act (Pub. L. 104–121, as ‘‘confidential.’’ Any information marked amended by Pub. L. 110–28), FDA is 26 CFR Part 54 as ‘‘confidential’’ will not be disclosed making this SECG available to explain except in accordance with 21 CFR 10.20 the actions that a small entity must take DEPARTMENT OF LABOR and other applicable disclosure law. For to comply with the final rule. more information about FDA’s posting This level 2 guidance is being issued Employee Benefits Security of comments to public dockets, see 80 consistent with our good guidance Administration FR 56469, 18, 2015, or access practices regulation (21 CFR the information at: https:// 10.115(c)(2)). The SECG represents the 29 CFR Parts 2560 and 2590 www.govinfo.gov/content/pkg/FR-2015- current thinking of FDA on this topic. Extension of Certain Timeframes for 09-18/pdf/2015-23389.pdf. It does not establish any rights for any Employee Benefit Plans, Participants, Docket: For access to the docket to person and is not binding on FDA or the and Beneficiaries Affected by the read background documents or the public. An alternative approach may be COVID–19 Outbreak electronic and written/paper comments used if such approach satisfies the received, go to https:// requirements of the applicable statutes AGENCY: Employee Benefits Security www.regulations.gov and insert the and regulations. Administration, Department of Labor;

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Internal Revenue Service, Department of and employee pension benefit plans This document has been reviewed by the Treasury. may encounter problems in exercising the Department of Health and Human ACTION: Notification of relief; extension their health coverage portability and Services (HHS), which has advised the of timeframes. continuation coverage rights, or in filing Agencies that HHS concurs with the or perfecting their benefit claims. relief specified in this document.6 HHS SUMMARY: This document announces the Recognizing the numerous challenges has advised the Agencies that HHS will extension of certain timeframes under participants and beneficiaries already exercise enforcement discretion to adopt the Employee Retirement Income face as a result of the National a temporary policy of measured Security Act and the Internal Revenue Emergency, it is important that the enforcement to extend similar Code for group health plans, disability Employee Benefits Security timeframes otherwise applicable to non- and other welfare plans, pension plans, Administration, Department of Labor, Federal governmental group health and participants and beneficiaries of Internal Revenue Service, and plans and health insurance issuers these plans during the COVID–19 Department of the Treasury (the offering coverage in connection with a National Emergency. Agencies) take steps to minimize the group health plan, and their DATES: May 4, 2020. possibility of individuals losing benefits participants, beneficiaries and enrollees FOR FURTHER INFORMATION CONTACT: because of a failure to comply with under applicable provisions of the Department of Labor, Elizabeth certain pre-established timeframes. Public Health Service Act (PHS Act). Schumacher or David Sydlik, Office of Similarly, the Agencies recognize that HHS has advised the Agencies that HHS Health Plan Standards and Compliance affected group health plans may have encourages plan sponsors of non- Assistance, Employee Benefits Security difficulty in complying with certain Federal governmental group health Administration, at 202–693–8335, and notice obligations. plans to provide relief similar to that Thomas Hindmarch, Office of Accordingly, under the authority of specified in this document to Regulations and Interpretations, section 518 of the Employee Retirement participants and beneficiaries, and Employee Benefits Security Income Security Act of 1974 (ERISA) encourages states and health insurance Administration, at 202–693–8500; or and section 7508A(b) of the Internal issuers offering coverage in connection William Fischer, Department of the Revenue Code of 1986 (the Code), the with a group health plan to enforce and Treasury, Internal Revenue Service, Agencies are extending certain operate, respectively, in a manner Office of Chief Counsel (Employee timeframes otherwise applicable to consistent with the relief provided in Benefits, Exempt Organizations and group health plans, disability and other this document. HHS has also advised Employment Taxes) at 202–317–5500. welfare plans, pension plans, and their the Agencies that HHS will not consider SUPPLEMENTARY INFORMATION: participants and beneficiaries under a state to have failed to substantially ERISA and the Code.4 enforce the applicable provisions of title I. Purpose The Agencies believe that such relief XXVII of the PHS Act if the state takes On 13, 2020, President Trump is immediately needed to preserve and such an approach. issued the Proclamation on Declaring a protect the benefits of participants and The relief provided by this document National Emergency Concerning the beneficiaries in all employee benefit supplements other COVID–19 guidance Novel Coronavirus Disease (COVID–19) plans across the during issued by the Agencies, which can be Outbreak 1 and by separate letter made the National Emergency. Accordingly, accessed on the internet at: https:// a determination, under section 501(b) of the Agencies have determined, pursuant www.dol.gov/agencies/ebsa/employers- the Robert T. Stafford Disaster Relief to section 553 of the Administrative and-advisers/plan-administration-and- and Emergency Assistance Act, 42 Procedure Act, 5 U.S.C. 553(b)(3)(A), (B) compliance/disaster-relief and https:// U.S.C. 5121 et seq., that a national and 553(d), that there is good cause for www.irs.gov/coronavirus. emergency exists nationwide beginning granting the relief provided by this II. Background document effective immediately upon , 2020, as the result of the Title I of the Health Insurance publication, and that notice and public COVID–19 outbreak (the National Portability and Accountability Act of 2 participation may result in undue delay Emergency). As a result of that 1996 (HIPAA) provides portability of and, therefore, be contrary to the public determination, the Federal Emergency health coverage by, among other things, Management Agency (FEMA) issued interest.5 emergency declarations for every state, 4 result of the COVID–19 pandemic, and the same territory, and possession of the United ERISA section 518 and Code section 7508A(b) reasons underlying the issuance of the 31, 3 generally provide that, in the case of an employee 2020 declaration that a public health emergency States. benefit plan, sponsor, administrator, participant, As a result of the National Emergency, exists under section 319 of the Public Health beneficiary, or other person with respect to such a Service Act (PHS Act). participants and beneficiaries covered plan affected by a Presidentially declared disaster, 6 Section 104 of the Title I of Health Insurance by group health plans, disability or notwithstanding any other provision of law, the Portability and Accountability Act of 1996 (HIPAA) other employee welfare benefit plans, Secretaries of Labor and the Treasury may prescribe requires that the Secretaries of Labor, the Treasury, (by notice or otherwise) a period of up to one year and Health and Human Services (the Departments) that may be disregarded in determining the date by 1 ensure through an interagency Memorandum of Available at https://www.whitehouse.gov/ which any action is required or permitted to be Understanding (MOU) that regulations, rulings, and presidential-actions/proclamation-declaring- completed. Section 518 of ERISA and section interpretations issued by each of the Departments national-emergency-concerning-novel-coronavirus- 7508A(b) of the Code further provide that no plan relating to the same matter over which two or more disease-covid-19-outbreak/. shall be treated as failing to be operated in departments have jurisdiction, are administered so 2 , 2020 letter from President Trump to accordance with the terms of the plan solely as a as to have the same effect at all times. Under section Secretaries of the Departments of Homeland result of complying with the postponement of a 104, the Departments, through the MOU, are to Security, the Treasury, and Health and Human deadline under those sections. provide for coordination of policies relating to Services and the Administrator of the Federal 5 Good cause exists for the same reasons enforcement of the same requirements in order to Emergency Management Agency, available at underlying the issuance of the March 13, 2020 have a coordinated enforcement strategy that avoids https://www.whitehouse.gov/briefings-statements/ Proclamation on Declaring a National Emergency duplication of enforcement efforts and assigns letter-president-donald-j-trump-emergency- Concerning the Coronavirus Disease 2019 (COVID– priorities in enforcement. See section 104 of HIPAA determination-stafford-act/. 19) Outbreak and the determination, under section and Memorandum of Understanding applicable to 3 FEMA Release Number HQ–20–017–FactSheet 501(b) of the Robert T. Stafford Disaster Relief and Title XXVII of the PHS Act, Part 7 of ERISA, and available at https://www.fema.gov/news-release/ Emergency Assistance Act, 42 U.S.C. 5121, et seq., Chapter 100 of the Code, published at 64 FR 70164, 2020/03/13/covid-19-emergency-declaration. that a national emergency exists nationwide as a 15, 1999.

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requiring special enrollment rights into to elect COBRA continuation coverage out standards for external review that group health plans upon the loss of under a group health plan. ERISA apply to non-grandfathered group health eligibility of coverage. ERISA section section 605 and Code section plans and health insurance issuers 701, Code section 9801, 29 CFR 4980B(f)(5). Plans are required to allow offering non-grandfathered group or 2590.701–6, 26 CFR 54.9801–6. Title X payment of premiums in monthly individual health insurance coverage of the Consolidated Omnibus Budget installments, and plans cannot require and provides for either a state external Reconciliation Act of 1985 (COBRA) payment of premiums before 45 days review process or a Federal external permits qualified beneficiaries who lose after the day of the initial COBRA review process. Standards for external coverage under a group health plan to election. ERISA section 602(3) and Code review processes and timeframes for elect continuation health coverage. section 4980B(f)(2)(C). COBRA submitting claims to the independent ERISA section 601, Code section 4980B, continuation coverage may be reviewer for group health plans or 26 CFR 54.4980B–1. Section 503 of terminated for failure to pay premiums health insurance issuers may vary ERISA and 29 CFR 2560.503–1 require timely. ERISA section 602(2)(C) and depending on whether a plan uses a employee benefit plans subject to Title Code section 4980B(f)(2)(B)(iii). Under State or Federal external review process. I of ERISA to establish and maintain the COBRA rules, a premium is For plans or issuers that use the Federal reasonable procedures governing the considered paid timely if it is made not external review process, the process determination and appeal of claims for later than 30 days after the first day of must allow at least four months after the benefits under the plan. Section 2719 of the period for which payment is being receipt of a notice of an adverse benefit the PHS Act, incorporated into ERISA made. ERISA section 602(2)(C), Code determination or final internal adverse by ERISA section 715, and into the Code section 4980B(f)(2)(B)(iii), and 26 CFR benefit determination for a request for by Code section 9815, imposes 54.4980B–8 Q&A–5(a). Notice an external review to be filed. 29 CFR additional rights and obligations with requirements prescribe time periods for 2590.715–2719(d)(2)(i) and 26 CFR respect to internal claims and appeals employers to notify the plan of certain 54.9815–2719(d)(2)(i). The Federal and external review for non- qualifying events and for individuals to external review process also provides grandfathered group health plans and notify the plan of certain qualifying for a preliminary review of a request for health insurance issuers offering non- events or a determination of disability. external review. The regulation provides grandfathered group or individual Notice requirements also prescribe a that if such request is not complete, the health insurance coverage. See also 29 time period for plans to notify qualified Federal external review process must CFR 2590.715–2719 and 26 CFR beneficiaries of their rights to elect provide for a notification that describes 54.9815–2719. All of the foregoing COBRA continuation coverage. ERISA the information or materials needed to provisions include timing requirements section 606, Code section 4980B(f)(6), make the request complete, and the plan for certain acts in connection with and 29 CFR 2590.606–3. or issuer must allow a claimant to employee benefit plans, some of which C. Claims Procedure Timeframes perfect the request for external review are being modified by this document. within the four-month filing period or Section 503 of ERISA and 29 CFR A. Special Enrollment Timeframes within the 48-hour period following the 2560.503–1, as well as section 2719 of receipt of the notification, whichever is In general, HIPAA requires a special the PHS Act, incorporated into ERISA later. 29 CFR 2590.715–2719(d)(2)(ii)(B) enrollment period in certain by ERISA section 715 and 29 CFR and 26 CFR 54.9815–2719(d)(2)(ii)(B). circumstances, including when an 2590.715–2719, and into the Code by employee or dependent loses eligibility Code section 9815 and 26 CFR 54.9815– III. Relief for any group health plan or other 2719, require ERISA-covered employee A. Relief for Plan Participants, health insurance coverage in which the benefit plans and non-grandfathered Beneficiaries, Qualified Beneficiaries, employee or the employee’s dependents group health plans and health insurance and Claimants were previously enrolled (including issuers offering non-grandfathered coverage under Medicaid and the group or individual health insurance Subject to the statutory duration Children’s Health Insurance Program), coverage to establish and maintain a limitation in ERISA section 518 and 7 and when a person becomes a procedure governing the filing and Code section 7508A, all group health dependent of an eligible employee by initial disposition of benefit claims, and plans, disability and other employee birth, marriage, adoption, or placement to provide claimants with a reasonable welfare benefit plans, and employee for adoption. ERISA section 701(f), Code opportunity to appeal an adverse benefit pension benefit plans subject to ERISA section 9801(f), 29 CFR 2590.701–6, and determination to an appropriate named or the Code must disregard the period 26 CFR 54.9801–6. Generally, group fiduciary. Plans may not have from March 1, 2020 until sixty (60) days health plans must allow such provisions that unduly inhibit or after the announced end of the National individuals to enroll in the group health hamper the initiation or processing of Emergency or such other date plan if they are otherwise eligible and claims for benefits. Further, group announced by the Agencies in a future 8 if enrollment is requested within 30 health plans and disability plans must notification (the ‘‘Outbreak Period’’) days of the occurrence of the event (or provide claimants at least 180 days for all plan participants, beneficiaries, within 60 days, in the case of the special following receipt of an adverse benefit qualified beneficiaries, or claimants enrollment rights added by the determination to appeal (60 days in the wherever located in determining the Children’s Health Insurance Program case of pension plans and other welfare following periods and dates— Reauthorization Act of 2009). ERISA benefit plans). 29 CFR 2560.503– (1) The 30-day period (or 60-day section 701(f), Code section 9801(f), 29 1(h)(2)(i) and (h)(3)(i), 29 CFR period, if applicable) to request special CFR 2590.701–6, and 26 CFR 54.9801– 2590.715–2719(b)(2)(ii)(C), and 26 CFR enrollment under ERISA section 701(f) 6. 54.9815–2719(b)(2)(ii)(C). and Code section 9801(f),

B. COBRA Timeframes D. External Review Process Timeframes 7 See footnote 4, supra. 8 To the extent there are different Outbreak Period The COBRA continuation coverage PHS Act section 2719, incorporated end dates for different parts of the country, the provisions generally provide a qualified into ERISA by ERISA section 715 and Agencies will issue additional guidance regarding beneficiary a period of at least 60 days into the Code by Code section 9815, sets the application of the relief in this document.

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(2) The 60-day election period for IV. Examples health plan. More than 45 days had COBRA continuation coverage under The following examples illustrate the passed since Individual C had elected ERISA section 605 and Code section timeframe for extensions required by COBRA. Monthly premium payments 9 4980B(f)(5), this document. An assumed end date for are due by the first of the month. The (3) The date for making COBRA the National Emergency was needed to plan does not permit qualified premium payments pursuant to ERISA make the examples clear and beneficiaries longer than the statutory section 602(2)(C) and (3) and Code understandable. Accordingly, the 30-day grace period for making section 4980B(f)(2)(B)(iii) and (C),10 Examples assume that the National premium payments. Individual C made Emergency ends on , 2020, with a timely payment, but did not (4) The date for individuals to notify make the March payment or any the Outbreak Period ending on 29, the plan of a qualifying event or subsequent payments during the 2020 (the 60th day after the end of the determination of disability under ERISA Outbreak Period. As of 1, National Emergency). To the extent section 606(a)(3) and Code section Individual C has made no premium there are different Outbreak Period end 4980B(f)(6)(C), payments for March, April, May, or dates for different parts of the country, (5) The date within which individuals June. Does Individual C lose COBRA the Agencies will issue additional may file a benefit claim under the plan’s coverage, and if so for which month(s)? claims procedure pursuant to 29 CFR guidance regarding the application of (ii) Conclusion. In this Example 3, the 2560.503–1, the relief in this document. Outbreak Period is disregarded for Example 1 (Electing COBRA). (i) purposes of determining whether (6) The date within which claimants Facts. Individual A works for Employer may file an appeal of an adverse benefit monthly COBRA premium installment X and participates in X’s group health payments are timely. Premium determination under the plan’s claims plan. Due to the National Emergency, procedure pursuant to 29 CFR payments made by 30 days after June Individual A experiences a qualifying 29, 2020, which is , 2020, for 2560.503–1(h), event for COBRA purposes as a result of (7) The date within which claimants March, April, May, and June 2020, are a reduction of hours below the hours timely, and Individual C is entitled to may file a request for an external review necessary to meet the group health COBRA continuation coverage for these after receipt of an adverse benefit plan’s eligibility requirements and has months if she timely makes payment. determination or final internal adverse no other coverage. Individual A is Under the terms of the COBRA statute, benefit determination pursuant to 29 provided a COBRA election notice on premium payments are timely if made CFR 2590.715–2719(d)(2)(i) and 26 CFR , 2020. What is the deadline for within 30 days from the date they are 54.9815–2719(d)(2)(i), and A to elect COBRA? first due. In calculating the 30-day (8) The date within which a claimant (ii) Conclusion. In Example 1, period, however, the Outbreak Period is may file information to perfect a request Individual A is eligible to elect COBRA disregarded, and payments for March, for external review upon a finding that coverage under Employer X’s plan. The April, May, and June are all deemed to the request was not complete pursuant Outbreak Period is disregarded for be timely if they are made within 30 to 29 CFR 2590.715–2719(d)(2)(ii) and purposes of determining Individual A’s days after the end of the Outbreak 26 CFR 54.9815–2719(d)(2)(ii). COBRA election period. The last day of Period. Accordingly, premium Individual A’s COBRA election period B. Relief for Group Health Plans payments for four months (i.e., March, is 60 days after , 2020, which is April, May, and June) are all due by July With respect to group health plans, 28, 2020. 29, 2020. Individual C is eligible to and their sponsors and administrators, Example 2 (Special enrollment receive coverage under the terms of the the Outbreak Period shall be period). (i) Facts. Individual B is eligible plan during this interim period even disregarded when determining the date for, but previously declined though some or all of Individual C’s for providing a COBRA election notice participation in, her employer- premium payments may not be received under ERISA section 606(c) and Code sponsored group health plan. On March until July 29, 2020. Since the due dates section 4980B(f)(6)(D). 31, 2020, Individual B gave birth and for Individual C’s premiums would be would like to enroll herself and the postponed and Individual C’s payment C. Later Extensions child into her employer’s plan; for premiums would be retroactive The Agencies will continue to however, open enrollment does not during the initial COBRA election monitor the effects of the Outbreak and begin until 15. When may period, Individual C’s insurer or plan may provide additional relief as Individual B exercise her special may not deny coverage, and may make warranted. enrollment rights? retroactive payments for benefits and (ii) Conclusion. In Example 2, the services received by the participant Outbreak Period is disregarded for 9 The term ‘‘election period’’ is defined as ‘‘the during this time. period which—(A) begins not later than the date on purposes of determining Individual B’s Example 4 (COBRA premium which coverage terminates under the plan by reason special enrollment period. Individual B payments). (i) Facts. Same facts as of a qualifying event, (B) is of at least 60 days’ and her child qualify for special Example 3. By July 29, 2020, Individual duration, and (C) ends not earlier than 60 days after enrollment into her employer’s plan as C made a payment equal to two months’ the later of—(i) the date described in subparagraph (A), or (ii) in the case of any qualified beneficiary early as the date of the child’s birth. premiums. For how long does who receives notice under section 1166(a)(4) of this Individual B may exercise her special Individual C have COBRA continuation title, the date of such notice.’’ 29 U.S.C. 1165(a)(1), enrollment rights for herself and her coverage? ERISA section 605(a)(1). See also Code section child into her employer’s plan until 30 (ii) Conclusion. Individual C is 4980B(f)(5). 10 Under this provision, the group health plan days after June 29, 2020, which is July entitled to COBRA continuation must treat the COBRA premium payments as timely 29, 2020, provided that she pays the coverage for March and April of 2020, paid if paid in accordance with the periods and premiums for any period of coverage. the two months for which timely dates set forth in this document. Regarding coverage Example 3 (COBRA premium premium payments were made, and during the election period and before an election is made, see 26 CFR 54.4980B–6, Q&A 3; during the payments). (i) Facts. On March 1, 2020, Individual C is not entitled to COBRA period between the election and payment of the Individual C was receiving COBRA continuation coverage for any month premium, see 26 CFR 54.4980B–8, Q&A 5(c). continuation coverage under a group after April 2020. Benefits and services

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provided by the group health plan (e.g., Signed at Washington, DC, this 28th day of Regulation and Controlling Regulatory doctors’ visits or filled prescriptions) April, 2020. Costs,’’ does not apply. Eugene Rutledge, that occurred on or before April 30, List of Subjects in 32 CFR Part 199 2020 would be covered under the terms Assistant Secretary, Employee Benefits of the plan. The plan would not be Security Administration, Department of Claims, Dental health, Health care, obligated to cover benefits or services Labor. Health insurance, Individuals with that occurred after April 2020. Sunita Lough, disabilities, Mental health, Mental Deputy Commissioner for Services and health parity, Military personnel. Example 5 (Claims for medical Enforcement, Internal Revenue Service, Accordingly, 32 CFR part 199 is treatment under a group health plan). (i) Department of the Treasury. amended as follows: Facts. Individual D is a participant in a [FR Doc. 2020–09399 Filed 4–30–20; 11:15 am] group health plan. On March 1, 2020, BILLING CODE P PART 199—[AMENDED] Individual D received medical treatment ■ for a condition covered under the plan, 1. The authority citation for part 199 continues to read as follows: but a claim relating to the medical DEPARTMENT OF DEFENSE treatment was not submitted until April Authority: 5 U.S.C. 301; 10 U.S.C. chapter 1, 2021. Under the plan, claims must be Office of the Secretary 55. submitted within 365 days of the § 199.8 [Amended] participant’s receipt of the medical 32 CFR Part 199 ■ 2. Amend § 199.8 by removing treatment. Was Individual D’s claim paragraph (c)(6). timely? Double Coverage Dated: , 2020. (ii) Conclusion. Yes. For purposes of AGENCY: Office of the Secretary, Aaron T. Siegel, determining the 365-day period Department of Defense (DoD). applicable to Individual D’s claim, the ACTION: Technical amendment. Alternate OSD Federal Register Liaison Officer, Department of Defense. Outbreak Period is disregarded. SUMMARY: This technical amendment is [FR Doc. 2020–08664 Filed 5–1–20; 8:45 am] Therefore, Individual D’s last day to being published to correct an error that BILLING CODE 5001–06–P submit a claim is 365 days after June 29, was codified in the Code of Federal 2020, which is June 29, 2021, so Regulations (CFR) in 2003. A paragraph Individual D’s claim was timely. was inadvertently duplicated in 2003 DEPARTMENT OF HOMELAND Example 6 (Internal appeal— and is now being removed. SECURITY disability plan). (i) Facts. Individual E DATES: This technical amendment is received a notification of an adverse effective May 4, 2020. Coast Guard benefit determination from Individual FOR FURTHER INFORMATION CONTACT: E’s disability plan on , 2020. Patricia Toppings, 571–372–0485. 33 CFR Part 100 The notification advised Individual E SUPPLEMENTARY INFORMATION: On April [Docket Number USCG–2020–0084] that there are 180 days within which to 30, 2003 (68 FR 23030–23034), the RIN 1625–AA08 file an appeal. What is Individual E’s Department of Defense published a final appeal deadline? rule titled ‘‘TRICARE Program; Special Local Regulation; Tred Avon (ii) Conclusion. When determining the Eligibility and Payment Procedures for River, Between Bellevue and Oxford, 180-day period within which Individual Civilian Health and Medical Program of MD E’s appeal must be filed, the Outbreak the Uniformed Services Beneficiaries AGENCY: Coast Guard, DHS. Period is disregarded. Therefore, Age 65 and Over,’’ which amended 32 ACTION: Temporary final rule. Individual E’s last day to submit an CFR part 199. On page 23032, an amendatory appeal is 148 days (180¥32 days SUMMARY: instruction requested to amend § 199.8 The Coast Guard is following January 28 to March 1) after by ‘‘redesignating paragraph (c)(5) as establishing temporary special local June 29, 2020, which is , (c)(6) and the second paragraph (c)(4) as regulations for certain waters of the 2020. (c)(5).’’ Tred Avon River. This action is Example 7 (Internal appeal— The wording of this amendatory necessary to provide for the safety of life employee pension benefit plan). (i) instruction led to a codification error on these navigable waters located Facts. Individual F received a notice of which is still present in the CFR. between Bellevue, MD, and Oxford, MD, adverse benefit determination from In 32 CFR 199.8, paragraphs (c)(5) and during a swim event on , 2020. This regulation prohibits persons and Individual F’s 401(k) plan on , (c)(6) contain identical text. Only one of vessels from entering the regulated area 2020. The notification advised the paragraphs should remain in the unless authorized by the Captain of the Individual F that there are 60 days CFR. Therefore, DoD is publishing this technical amendment to remove Port Maryland-National Capital Region within which to file an appeal. What is or the Coast Guard Patrol Commander. Individual F’s appeal deadline? paragraph (c)(6) from 32 CFR 199.8. It has been determined that DATES: This rule is effective from 6:45 (ii) Conclusion. When determining the publication of this CFR amendment for a.m. to 10:15 a.m. on June 6, 2020. 60-day period within which Individual public comment is impracticable, ADDRESSES: To view documents F’s appeal must be filed, the Outbreak unnecessary, and contrary to public mentioned in this preamble as being Period is disregarded. Therefore, interest since it is correcting a technical available in the docket, go to https:// Individual F’s last day to submit an error. www.regulations.gov, type USCG–2020– appeal is 60 days after June 29, 2020, This rule is not significant under 0084 in the ‘‘SEARCH’’ box and click which is , 2020. Executive Order (E.O.) 12866, ‘‘SEARCH.’’ Click on Open Docket ‘‘Regulatory Planning and Review.’’ Folder on the line associated with this Therefore, E.O. 13771, ‘‘Reducing rule.

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