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DOL/EBSA

RIN: 1210-AA54

Publication ID: Fall 2002

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: 29 USC 1027 29 USC 1059 29 USC 1135 29 USC 1171 29 USC 1172 29 USC 1191c

Legal Deadline:

Action	Source	Description	Date
Other	Statutory	Interim Final Rule.	04/01/1997

Statement of Need: In general, the health care portability provisions in part 7 of ERISA provide for increased portability and availability of group health coverage through limitations on the imposition of any preexisting condition exclusion and special enrollment rights in group health plans after loss of other health coverage or a life event. Plan sponsors, administrators and participants need guidance from the Department with regard to how they can fulfill their respective obligations under these statutory provisions.

Summary of the Legal Basis: Part 7 of ERISA specifies the portability and other requirements for group health plans and health insurance issuers. Section 734 of ERISA provides that the Secretary may promulgate such regulations as may be necessary or appropriate to carry out the provisions of part 7 of ERISA. In addition, section 505 of ERISA authorizes the Secretary to issue regulations clarifying the provisions of title I of ERISA.

Alternatives: Regulatory alternatives will be considered after determining the scope and nature of additional regulatory guidance needed by the public.

Anticipated Costs and Benefits: Determinations on the anticipated costs and benefits will be developed once determinations have been made with regard to the alternatives to be developed.

Risks: Failure to provide guidance concerning Part 7 of ERISA may impede compliance with the law.

Timetable:

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	03/00/2003

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: Yes
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