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DOL/EBSA RIN: 1210-AA54 Publication ID: Spring 2001 
Title: Regulations Implementing the Health Care Access, Portability and Renewability Provisions of the Health Insurance Portability and Accountability Act of 1996 
Abstract: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) amended title I of ERISA by adding a new part 7, designed to improve health care access, portability and renewability. This rulemaking will provide regulatory guidance to implement these 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: Undetermined 
CFR Citation: 29 CFR 2590   
Legal Authority: PL 104-91 section 101    29 USC 1027    29 USC 1059    29 USC 1135    29 USC 1171    29 USC 1172    29 USC 1177   
Legal Deadline:
Action Source Description Date
Other  Statutory  Interim Final Rule.  04/01/1997 

Overall Description of Deadline: Per section 734 of ERISA as added by section 101 of HIPAA.

Statement of Need: HIPAA added a new part 7 to title I of ERISA, containing provisions designed to improve the availability and portability of health insurance coverage. Part 7 includes provisions limiting exclusions for preexisting conditions and providing credit for prior coverage, guaranteeing availability of health coverage for small employers, prohibiting discrimination against employees and dependents based on health status, and guaranteeing renewability of health coverage to employers and individuals.

Summary of the Legal Basis: Promulgation of these regulations is authorized by sections 505 and 734 of ERISA.

Alternatives: Regulatory alternatives will be developed once determinations have been made, in conjunction with other concerned agencies with regard to the scope and nature of the final regulatory guidance which will be necessary to carry out the new provisions.

Anticipated Costs and Benefits: Preliminary estimates of the anticipated costs and benefits of the regulatory actions found to be necessary to implement the new provision will be developed once decisions are reached on which specific actions are necessary.

Risks: Failure to provide regulatory guidance necessary to carry out these important health care reforms would adversely impact the availability and portability of health insurance coverage for American families.

Action Date FR Cite
Interim Final Rule  04/08/1997  62 FR 16894   
Interim Final Rule Effective  06/07/1997    
Interim Final Rule Comment Period End  07/07/1997    
Request for Information  10/25/1999  64 FR 57520   
Comment Period End  01/25/2000    
Final Rule  12/00/2001    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
Daniel J. Maguire
Director, Office of Health Plan Standards
Department of Labor
Employee Benefits Security Administration
Room N5677, 200 Constitution Avenue NW, FP Building,
Washington, DC 20210
Phone:202 219-8951