Final Regulations for Health Coverage Portability for Group
Health Plans and Group Health Insurance Issuers Under HIPAA Titles l &
IV; Correction
[04/25/2005]
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]
BILLING CODE 4830-01-P
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