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HHS/CMS RIN: 0938-AI08 Publication ID: Fall 1997 
Title: Portability and Nondiscrimination in the Group Health Insurance Market (BPD-890-F) 
Abstract: This final rule addresses comments received on the interim final rule published April 8, 1997. It also further clarifies the Department's position on the minimum requirements applicable with respect to group health plans and health insurance issuers offering group health insurance coverage. A group health plan or health insurance issuer offering group health coverage may provide greater rights to participants and beneficiaries than those currently provided. This rule includes the following: (1) limitations on preexisting condition exclusion periods; (2) certification and disclosure of previous coverage; (3) special enrollment periods for individuals (and dependents) losing other coverage; (4) use of affiliation period by HMOs as alternative to preexisting condition exclusion; (5) prohibited discrimination against individual participants and beneficiaries based on health status; and (6) guaranteed renewability in multiemployer plans and multiple employer welfare arrangements. 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 45 CFR 146   
Legal Authority: 42 USC 201   
Timetable:
Action Date FR Cite
Interim Final Rule  04/08/1997  62 FR 16894   
Effective Date  06/07/1997    
Comment Period End  07/07/1997    
Final Rule  03/00/1998    
Additional Information: BPD-890-IFC
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal 
Small Entities Affected: Businesses 
Included in the Regulatory Plan: No 
Agency Contact:
Dave Holstein
Health Insurance Specialist
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Insurance Standards Team, S3-16-16, 7500 Security Boulevard,
Baltimore, MD 21244
Phone:410 786-1564