Interim Rules for Health Insurance Portability for Group Health Plans
AGENCIES: Internal Revenue Service, Department of the Treasury; Pension and Welfare Benefits Administration, Department of Labor; Health Care Financing Administration, Department of Health and Human Services.
ACTION: Interim rules with request for comments.
SUMMARY: This document contains interim rules governing access, portability and renewability requirements for group health plans and issuers of health insurance coverage offered in connection with a group health plan. The rules contained in this document implement changes made to certain provisions of the Internal Revenue Code of 1986 (Code), the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHS Act) enacted as part of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Interested persons are invited to submit comments on the interim rules for consideration by the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury (Departments) in developing final rules. The rules contained in this document are being adopted in an interim basis to accommodate statutorily established time frames intended to ensure that sponsors and administrators of group health plans, participants and beneficiaries, States, and issuers of group health insurance coverage have timely guidance concerning compliance with the recently enacted requirements of HIPAA.
DATES:
Effective date: These interim rules are effective on June 7, 1997.
Comment dates: Written comments on these interim rules are invited and must be received by the Departments on or before July 7, 1997.
Applicability dates: For group health plans maintained pursuant to one or more collective bargaining agreements ratified before August 21, 1996, the rules (other than the certification requirements) do not apply to plan years beginning before the later of July 1, 1997 or the date on which the last collective bargaining agreement relating to the plan terminates without regard to any extension agreed to after August 21, 1996.
The rules implementing the certification provisions do not require any action to be taken before June 1, 1997, although certain certification requirements apply to periods of coverage and events that occur after June 30, 1996. The certification requirement for events that occurred on or after October 1, 1996 and before June 1, 1997 may be satisfied using an optional notice described in this preamble.
Question 24: How long does the remedial amendment period run for a new plan for a sole proprietor? What is the latest date a request for a determination letter can be submitted for a new plan to protect the remedial amendment period?