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DOL/EBSA

RIN: 1210-AA64

Publication ID: Spring 1998

Title: Reporting Requirements for MEWAs Providing Medical Care Benefits
Abstract: These proposed rules will govern certain reporting requirements under title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA) for multiple employer welfare arrangements (MEWAs) that provide benefits consisting of medical care. In part, the rules will implement recent changes made to ERISA by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The proposed rules will also set forth elements that MEWAs would be required to file with the Department of Labor for the purpose of determining compliance with the portability, nondiscrimination, renewability and other requirements of part 7 of Subtitle B of title I of ERISA including the requirements of the Mental Health Parity Act of 1996 and the Newborns' and Mothers' Protection Act of 1996. The proposed rules would also provide guidance with respect to section 502(c)(5) of ERISA, which authorizes the Secretary of Labor to assess a civil penalty of up to $1,000 a day for failure to comply with the new reporting requirements. ^PThe Health Insurance Portability and Accountability Act of 1996 (HIPAA), PL 104-191, was enacted on August 21, 1996. HIPAA amended the Employee Retirement Income Security Act of 1974, as amended (ERISA) to provide for, among other things, improved portability and continuity of health insurance coverage. The Newborns' and Mothers' Health Protection Act of 1996 (NMHPA), PL 104-204, and the Mental Health Parity Act of 1996 (MHPA) also PL 104-204, were enacted on September 26, 1996 to provide protection for mothers and their newborn children with regard to the length of hospital stays following birth and parity in the application of limits for certain mental health benefits with limits on medical and surgical benefits, respectively. All of the above provisions are set forth in a new part 7 of Subtitle B of title I of ERISA. ^PSection 101(g)(h) of ERISA, as amended by HIPAA, provides that the Secretary of Labor may prescribe reporting requirements for multiple employer welfare arrangements (MEWAs) that provide benefits consisting of medical care but are not group health plans within the meaning of title I of ERISA. The reporting requirements of section 101(g)(h) of ERISA, as well as the related civil penalty provisions of section 502(c)(5) of ERISA, are intended to help determine the extent to which the requirements of part 7 of Subtitle B of title I of ERISA are being carried out in connection with the provision of medical care by such MEWAs.
Agency: Department of Labor(DOL)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: Undetermined
CFR Citation: Not yet determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 29 USC 1135 29 USC 1021(g)(h) (PL 104-191 110 Stat 1952) 29 USC 1194

Timetable:

Action	Date	FR Cite
NPRM	09/00/1998

Additional Information: The Department has statutory authority to publish this rule as an interim final rule, with a request for comments. A determination has yet to be made with regard to whether the rule should be promulgated on an interim basis.
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Included in the Regulatory Plan: No
Agency Contact: Amy Scheingold Pension Law Specialist Department of Labor Employee Benefits Security Administration Room N5669, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 219-8671