OWCP is engaging in this rulemaking to address a variety of programmatic issues that have arisen in administering the Black Lung Benefits Act. Among them, the current rules do not address whether the parties must disclose medical evidence they develop in connection with a claim for benefits and generally provide that payment for medical treatment and services is capped at the rate prevailing in the community where the service provider is located but provide no method for determining that rate. To ensure that coal miners have full access to information about their health and to enhance the accuracy of entitlement determinations, this rule would address disclosure of medical evidence. It would also amend rules governing payment of medical treatment and services to incorporate the fee schedule used in other OWCP-administered programs, and address a liable party's responsibility to pay benefits under an effective award while pursuing modification.
US Code:
30 USC 936
Name of Law: Black Lung Benefits Act
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.
1240-0054 Supporting Statment - Disclosure of Medical Evidence.docx
Disclosure of Medical Evidence