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Employee Benefits Security Administration

EBSA Final Rule

Final Regulations for Health Coverage Portability for Group Health Plans and Group Health Insurance Issuers Under HIPAA Titles l & IV; Correction [04/25/2005]

[PDF Version]

Volume 70, Number 78, Page 21146-21147

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 54

[TD 9166]
RIN 1545-AX84

DEPARTMENT OF LABOR

Employee Benefits Security Administration

29 CFR Part 2590

RIN 1210-AA54

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

45 CFR Part 146

RIN 0938-AL43

 
Final Regulations for Health Coverage Portability for Group 
Health Plans and Group Health Insurance Issuers Under HIPAA Titles l & 
IV; Correction

AGENCIES: Internal Revenue Service, Department of the Treasury; 
Employee Benefits Security Administration, Department of Labor; Centers 
for Medicare & Medicaid Services, Department of Health and Human 
Services.

ACTION: Correcting amendment.

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SUMMARY: This document corrects final regulations that were published 
in the Federal Register on December 30, 2004 (69 FR 78720) governing 
portability requirements for group health plans and issuers of health 
insurance coverage offered in connection with a group health plan.

DATES: These corrections are effective February 28, 2005.

FOR FURTHER INFORMATION CONTACT: Dave Mlawsky, Centers for Medicare & 
Medicaid Services (CMS), Department of Health and Human Services, at 1-
877-267-2323 ext. 61565; Amy Turner, Employee Benefits Security 
Administration, Department of Labor, at (202) 693-8335 (not a toll-free 
number); or Russ Weinheimer, Internal Revenue Service, Department of 
the Treasury, at (202) 622-6080 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of these corrections are 
under sections 9801, 9831, 9832, and 9833 of the Internal Revenue Code; 
sections 701, 731, 732, 733, and 734 of the Employee Retirement Income 
Security Act; and sections 2701, 2721, 2723, 2791, and 2792 of the 
Public Health Service Act.

Need for Correction

    As published, the final regulation contains errors that may prove 
to be misleading and are in need of clarification.

List of Subjects

26 CFR Part 54

    Excise taxes, Health care, Health insurance, Pensions, Reporting 
and recordkeeping requirements.

29 CFR Part 2590

    Continuation coverage, Disclosure, Employee benefit plans, Group 
health plans, Health care, Health insurance, Medical child support, 
Reporting and recordkeeping requirements.

45 CFR Part 146

    Health care, Health insurance, Reporting and recordkeeping 
requirements, and State regulation of health insurance.

Correction of Publication

0
Accordingly, 26 CFR part 54, 29 CFR part 2590 and 45 CFR part 146 are 
corrected by making the following correcting amendment:

PART 54--PENSION EXCISE TAXES

0
Paragraph 1. The authority citation for part 54 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805 * * *


Sec.  54.9831-1  [Corrected]

0
1. Section 54.9831-1(c)(3)(iii)((B), the language ``of which are for 
treatment of

[[Page 21147]]

the eye.'' is removed and the language ``all of which are for treatment 
of the eye.'' is added in its place.

PART 2590--RULES AND REGULATIONS FOR GROUP HEALTH PLANS

0
Paragraph 1. The authority citation for part 2590 continues to read as 
follows:

    Authority: 29 U.S.C. 1027, 1059, 1135, 1161-1168, 1169, 1181-
1183, 1181 note, 1185, 1185a, 1185b, 1191, 1191a, 1191b, and 1191c, 
sec. 101(g), Public Law 104-191, 101 Stat. 1936; sec. 401(b), Public 
Law 105-200, 112 Stat. 645 (42 U.S.C. 651 note); Secretary of 
Labor's Order 1-2003, 68 FR 5374 (Feb. 3, 2003).


Sec.  2590.731  [Corrected]

0
2. Section 2590.731(c)(2)(i), the language `` Sec.  2590.701-3(a)(1)(i) 
(for purposes of'' is removed and the language ``Sec.  2590.701-
3(a)(2)(i) (for purposes of'' is added in its place.

0
3. Section 2590.731(c)(2)(ii), the language ``and Sec.  2590.701-
3(a)(1)(ii) (for purposes'' is removed and the language ``Sec.  
2590.701-3(a)(2)(ii) (for purposes'' is added in its place.

0
4. Section 2590.731(c)(2)(iii), the language ``the Act and Sec. Sec.  
2590.701-3(a)(1)(iii) and'' is removed and the language ``the Act and 
Sec. Sec.  2590.701-3(a)(2)(iii) and'' is added in its place.

PART 146--REQUIREMENTS FOR THE GROUP HEALTH INSURANCE MARKET

0
Paragraph 1. The authority citation for part 146 continues to read as 
follows:

    Authority: Secs 2701 through 2763, 2791, and 2792, of the Public 
Health Service Act, 42 U.S.C. 300gg through 300gg-63, 300gg-91, 
30gg-92 as amended by HIPAA (Pub. L. 104-191, 110 Stat. 1936), MHPA 
(Pub. L. 104-204, 110 Stat. 2944, as amended by Pub. L. 107-116, 115 
Stat. 2177), NMHPA (Pub. L. 104-204, 110 Stat. 2935), WHCRA (Pub. L. 
105-277, 112 Stat. 2681-436), and section 103(c)(4) of HIPAA.


Sec.  146.125  [Corrected]

0
5. Section 146.125, the language ``Sections 146.111 through 146.119,'' 
is removed and the language ``Section 144.103, Sec. Sec.  146.111 
through 146.119,'' is added in its place.


Sec.  146.143  [Corrected]

0
6. Section 146.143(b), the language ``section 514 of the Act with 
respect to'' is removed and the language ``section 514 of ERISA with 
respect to'' is added in its place.

0
7. Section 146.143(c)(2)(i), the language ``Sec.  146.111(a)(1)(i) (for 
purposes of'' is removed and the language ``Sec.  146.111(a)(2)(i) (for 
purposes of'' is added in its place.

0
8. Section 146.143(c)(2)(ii), the language ``PHS Act and Sec.  
146.111(a)(1)(ii) (for'' is removed and the language ``PHS Act and 
Sec.  146.111(a)(2)(ii) (for'' is added in its place.

0
9. Section 146.143(c)(2)(iii), the language ``the PHS Act and 
Sec. Sec.  146.111(a)(1)(iii)'' is removed and the language ``the PHS 
Act and Sec. Sec.  146.111(a)(2)(iii)'' is added in its place.

Cynthia E. Grigsby,
Acting Chief, Publications and Regulations Branch Legal Processing 
Division, Associate Chief Counsel (Procedure and Administration), 
Internal Revenue Service, Department of the Treasury.

    Dated this 16th day of March, 2005.
Ann Agnew,
Executive Secretary, Department of Health and Human Services.

    Dated this 15th day of February, 2005.
Daniel J. Maguire,
Director, Office of Health Plan Standards and Compliance Assistance, 
Employee Benefits Security Administration, Department of Labor.
[FR Doc. 05-8154 Filed 4-22-05; 8:45 am]

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