Annual Report for Multiple
Employer Welfare Arrangements
Extension without change of a currently approved collection
No
Regular
07/16/2025
Requested
Previously Approved
36 Months From Approved
08/31/2025
791
719
1,536
1,839
0
0
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.
HIPAA also added section 101(g) to ERISA, providing the Secretary
of Labor (Secretary) with authority to require, by regulation,
multiple employer welfare arrangements (MEWAs) as defined in
section 3(40) of ERISA, that offer or provide coverage for medical
benefits but which are not group health plans (non-plan MEWAs), to
report annually for the purpose of determining compliance with part
7 requirements. While the statutory authority was directed at
non-plan MEWAs, based on the authority in ERISA sections 101(g),
505, and 734, the Department of Labor (Department) in 2003
promulgated a regulation at 29 CFR 2520.101-2 that required the
administrators of both plan MEWAs and non-plan MEWAs that offer or
provide coverage for medical benefits, as well certain entities
that claim not to be a MEWA solely due to the exception in section
3(40)(A)(i) of ERISA (referred to as “Entities Claiming Exception”
or “ECEs”), to file the Form M-1 on an annual basis (Form M-1
annual report). The Patient Protection and Affordable Care Act and
the Health Care and Education Reconciliation Act of 2010 (these are
collectively known as the “Affordable Care Act” or “ACA”) amended
section 101(g) of ERISA to require non-plan MEWAs that provide
benefits consisting of medical care to register with the Secretary
before operating in a State. In 2011, the Department amended the
Form M-1 reporting regulations to enact the ACA required provisions
by requiring all MEWAs (plan and non-plan MEWAs) that offer or
provide coverage for medical benefits and ECEs to register with the
Secretary upon occurrence of certain registration events, such as
prior to operating in a State, in addition to continued reporting
on an annual basis regarding compliance with part 7 of
ERISA.
US Code:
29
USC 1021(g) Name of Law: Employee Retirement Income Security
Act of 1974 (ERISA)
There are no program changes
for this submission. This submission reflects updated data on the
number of annual Form M-1 filings and new Form M-1 filings based on
data from the most recent year of submission (2023) and reflects
updated labor costs. As a result, the number of responses has
increased by 72 responses, and the hour burden has decreased by 303
hours.
$2,500
No
No
No
Yes
No
No
No
James Butikofer 202 693-8434
Butikofer.James@dol.gov
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.
Form Form M-1 Annual Report for Multiple Employer Welfare Arrangements and Certain Entities Claiming Exception (Form M-1)
1210-0116 Form M-1 SS 5.22.2025.docx
Annual Report for Multiple Employer Welfare Arrangements and Certain Entities Claiming Exception (Form M-1)