(a) Statutory basis. This Subpart B implements Part 7 of Subtitle B
of Title I of the Employee Retirement Income Security Act of 1974, as
amended (hereinafter ERISA or the Act).
(b) Scope. A group health plan or health insurance issuer offering
group health insurance coverage may provide greater rights to
participants and beneficiaries than those set forth in this Subpart B.
This Subpart B sets forth minimum requirements for group health plans
and health insurance issuers offering group health insurance coverage
concerning:
(1) Limitations on a preexisting condition exclusion period.
(2) Certificates and disclosure of previous coverage.
(3) Rules relating to counting creditable coverage.
(4) Special enrollment periods.
(5) Prohibition against discrimination on the basis of health
factors.
(6) Use of an affiliation period by an HMO as an alternative to a
preexisting condition exclusion.
[69 FR 78763, Dec. 30, 2004] 
