|View EO 12866 Meetings||Printer-Friendly Version Download RIN Data in XML|
|DOL/EBSA||RIN: 1210-AA54||Publication ID: Spring 2003|
|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|
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.
Risks: Failure to provide guidance concerning Part 7 of ERISA may impede compliance with the law.
|Regulatory Flexibility Analysis Required: No||Government Levels Affected: None|
|Included in the Regulatory Plan: Yes|
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