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Legal Deadline:
None
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.
Anticipated Costs and Benefits:
Costs and benefits of regulatory alternatives were estimated and taken into account in developing the proposed rule and published in the Federal Register.
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 |
|
| NPRM |
12/30/2004 |
69 FR 78800 |
| Request for Information |
12/30/2004 |
69 FR 78825 |
| Final Rule |
12/30/2004 |
69 FR 78720 |
| Final Action Effective |
02/28/2005 |
|
| Request for Information/Comment Period End |
03/30/2005 |
|
| NPRM Comment Period End |
03/30/2005 |
|
| Final Action |
06/00/2008 |
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