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DOL/EBSA RIN: 1210-AA77 Publication ID: Fall 1999 
Title: Prohibiting Discrimination Against Participants and Beneficiaries Based on Health Status 
Abstract: Section 702 of the Employee Retirement Income Security Act of 1974, amended by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), establishes that a group health plan or a health insurance issuer may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any health status-related factor. These provisions are also contained in the Internal Revenue Code under the jurisdiction of the Department of the Treasury, and the Public Health Service Act within the jurisdiction of the Department of Health and Human Services. On April 8, 1997, the Department, in conjunction with the Departments of the Treasury and Health and Human Services (collectively, the Departments) published interim final regulations implementing the nondiscrimination provisions of HIPAA. These regulations can be found at 26 CFR 54.9802-1 (Treasury), 29 CFR 2590.702 (Labor), and 45 146.121 (HHS). That notice of rulemaking also solicited comments on the nondiscrimination provisions and indicated that the Departments intend to issue further regulations on the nondiscrimination rules. This rulemaking will contain additional regulatory guidance under HIPAA's nondiscrimination provisions. 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 29 CFR 2590.702   
Legal Authority: 29 USC 1027    29 USC 1059    29 USC 1135    29 USC 1171    29 USC 1167    29 USC 1194    PL 104-191 SEC 101'    29 USC 1181, 101 Stat 1936    Secretary of Labor's Order No. 1-37    52 FR 13139, April 21, 1987   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  04/08/1997  62 FR 16894   
Interim Final Rule Comment Period End  07/07/1997    
Interim Final Rule  12/00/1999    
Final Action  03/00/2000    
Additional Information: This item is being split off from RIN 210-AA54 in order to provide focused guidance on section 702 of ERISA, which prohibits discrimination against participants and beneficiaries by group health plans and health insurance issuers based on health status.
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Included in the Regulatory Plan: No 
Agency Contact:
Amy J. Turner
Director, Office of Health Plan Standards and Compliance Assistance
Department of Labor
Employee Benefits Security Administration
Room N5677, 200 Constitution Avenue NW., FP Building, Room N-5653,
Washington, DC 20210
Phone:202 693-8335
Fax:202 219-1942