[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR144.103]

[Page 575-579]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 144--REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE
--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 144.103  Definitions.

    For purposes of parts 146 (group market), 148 (individual market), 
and 150 (enforcement) of this subchapter, the following definitions 
apply unless otherwise provided:
    Affiliation period means a period of time that must expire before 
health insurance coverage provided by an HMO becomes effective, and 
during which the HMO is not required to provide benefits.
    Applicable State authority means, with respect to a health insurance 
issuer in a State, the State insurance commissioner or official or 
officials designated by the State to enforce the requirements of 45 CFR 
parts 146 and 148 for the State involved with respect to the issuer.
    Beneficiary has the meaning given the term under section 3(8) of the 
Employee Retirement Income Security Act of 1974 (ERISA), which states, 
``a person designated by a participant, or by the terms of an employee 
benefit plan, who is or may become entitled to a benefit'' under the 
plan.
    Bona fide association means, with respect to health insurance 
coverage offered in a State, an association that meets the following 
conditions:
    (1) Has been actively in existence for at least 5 years.
    (2) Has been formed and maintained in good faith for purposes other 
than obtaining insurance.
    (3) Does not condition membership in the association on any health 
status-related factor relating to an individual (including an employee 
of an employer or a dependent of any employee).
    (4) Makes health insurance coverage offered through the association 
available to all members regardless of any health status-related factor 
relating to the members (or individuals eligible for coverage through a 
member).
    (5) Does not make health insurance coverage offered through the 
association available other than in connection with a member of the 
association.
    (6) Meets any additional requirements that may be imposed under 
State law.
    Church plan means a Church plan within the meaning of section 3(33) 
of ERISA.
    COBRA definitions:
    (1) COBRA means Title X of the Consolidated Omnibus Budget 
Reconciliation Act of 1985, as amended.
    (2) COBRA continuation coverage means coverage, under a group health 
plan, that satisfies an applicable COBRA continuation provision.
    (3) COBRA continuation provision means sections 601 through 608 of 
the Employee Retirement Income Security Act of 1974, section 4980B of 
the Internal Revenue Code of 1986 (other than paragraph (f)(1) of 
section 4980B insofar as it relates to pediatric vaccines), and Title 
XXII of the PHS Act.
    (4) Continuation coverage means coverage under a COBRA continuation 
provision or a similar State program. Coverage provided by a plan that 
is subject to a COBRA continuation provision or similar State program, 
but that does not satisfy all the requirements of that provision or 
program,

[[Page 576]]

 will be deemed to be continuation coverage if it allows an individual 
to elect to continue coverage for a period of at least 18 months. 
Continuation coverage does not include coverage under a conversion 
policy required to be offered to an individual upon exhaustion of 
continuation coverage, nor does it include continuation coverage under 
the Federal Employees Health Benefits Program.
    (5) Exhaustion of COBRA continuation coverage means that an 
individual's COBRA continuation coverage ceases for any reason other 
than either failure of the individual to pay premiums on a timely basis, 
or for cause (such as making a fraudulent claim or an intentional 
misrepresentation of a material fact in connection with the plan). An 
individual is considered to have exhausted COBRA continuation coverage 
if such coverage ceases--
    (i) Due to the failure of the employer or other responsible entity 
to remit premiums on a timely basis; or
    (ii) When the individual no longer resides, lives, or works in a 
service area of an HMO or similar program (whether or not within the 
choice of the individual) and there is no other COBRA continuation 
coverage available to the individual.
    (6) Exhaustion of continuation coverage means that an individual's 
continuation coverage ceases for any reason other than either failure of 
the individual to pay premiums on a timely basis, or for cause (such as 
making a fraudulent claim or an intentional misrepresentation of a 
material fact in connection with the plan). An individual is considered 
to have exhausted continuation coverage if--
    (i) Coverage ceases due to the failure of the employer or other 
responsible entity to remit premiums on a timely basis; or
    (ii) When the individual no longer resides, lives, or works in a 
service area of an HMO or similar program (whether or not within the 
choice of the individual) and there is no other continuation coverage 
available to the individual.
    Condition means a medical condition.
    Creditable coverage has the meaning given the term under 45 CFR 
146.113(a).
    Eligible individual, for purposes of--
    (1) The group market provisions in 45 CFR part 146, subpart E, the 
term is defined in 45 CFR 146.150(b); and
    (2) The individual market provisions in 45 CFR part 148, the term is 
defined in 45 CFR 148.103.
    Employee has the meaning given the term under section 3(6) of ERISA, 
which states, ``any individual employed by an employer.''
    Employer has the meaning given the term under section 3(5) of ERISA, 
which states, ``any person acting directly as an employer, or indirectly 
in the interest of an employer, in relation to an employee benefit plan; 
and includes a group or association of employers acting for an employer 
in such capacity.''
    Enroll means to become covered for benefits under a group health 
plan (that is, when coverage becomes effective), without regard to when 
the individual may have completed or filed any forms that are required 
in order to enroll in the plan. For this purpose, an individual who has 
health insurance coverage under a group health plan is enrolled in the 
plan regardless of whether the individual elects coverage, the 
individual is a dependent who becomes covered as a result of an election 
by a participant, or the individual becomes covered without an election.
    Enrollment date definitions (enrollment date and first day of 
coverage) are set forth in 45 CFR 146.111(a)(2)(i) and (a)(2)(ii).
    ERISA stands for the Employee Retirement Income Security Act of 
1974, as amended (29 U.S.C. 1001 et seq.).
    Excepted benefits, for purposes of the--
    (1) Group market provisions in 45 CFR part 146 subpart D, the term 
is defined in 45 CFR 146.145(b); and
    (2) Individual market provisions in 45 CFR part 148, the term is 
defined in 45 CFR 148.220.
    Federal governmental plan means a governmental plan established or 
maintained for its employees by the Government of the United States or 
by any agency or instrumentality of such Government.
    Genetic information means information about genes, gene products, 
and inherited characteristics that may derive from the individual or a 
family

[[Page 577]]

member. This includes information regarding carrier status and 
information derived from laboratory tests that identify mutations in 
specific genes or chromosomes, physical medical examinations, family 
histories, and direct analysis of genes or chromosomes.
    Governmental plan means a governmental plan within the meaning of 
section 3(32) of ERISA.
    Group health insurance coverage means health insurance coverage 
offered in connection with a group health plan.
    Group health plan means an employee welfare benefit plan (as defined 
in section 3(1) of ERISA) to the extent that the plan provides medical 
care (as defined in section 2791(a)(2) of the PHS Act and including 
items and services paid for as medical care) to employees or their 
dependents (as defined under the terms of the plan) directly or through 
insurance, reimbursement, or otherwise.
    Group market means the market for health insurance coverage offered 
in connection with a group health plan. (However, unless otherwise 
provided under State law, certain very small plans may be treated as 
being in the individual market, rather than the group market; see the 
definition of ``individual market'' in this section.)
    CMS means theCenters for Medicare & Medicaid Services.
    Health insurance coverage means benefits consisting of medical care 
(provided directly, through insurance or reimbursement, or otherwise) 
under any hospital or medical service policy or certificate, hospital or 
medical service plan contract, or HMO contract offered by a health 
insurance issuer.
    Health insurance issuer or issuer means an insurance company, 
insurance service, or insurance organization (including an HMO) that is 
required to be licensed to engage in the business of insurance in a 
State and that is subject to State law that regulates insurance (within 
the meaning of section 514(b)(2) of ERISA). This term does not include a 
group health plan.
    Health maintenance organization or HMO means--
    (1) A Federally qualified health maintenance organization (as 
defined in section 1301(a) of the PHS Act);
    (2) An organization recognized under State law as a health 
maintenance organization; or
    (3) A similar organization regulated under State law for solvency in 
the same manner and to the same extent as such a health maintenance 
organization.
    Health status-related factor means health status, medical condition 
(including both physical and mental illnesses), claims experience, 
receipt of health care, medical history, genetic information, evidence 
of insurability (including conditions arising out of acts of domestic 
violence) and disability.
    Individual health insurance coverage means health insurance coverage 
offered to individuals in the individual market, but does not include 
short-term, limited-duration insurance. Individual health insurance 
coverage can include dependent coverage.
    Individual market means the market for health insurance coverage 
offered to individuals other than in connection with a group health 
plan. Unless a State elects otherwise in accordance with section 
2791(e)(1)(B)(ii) of the PHS Act, such term also includes coverage 
offered in connection with a group health plan that has fewer than two 
participants as current employees on the first day of the plan year.
    Internal Revenue Code (Code) means the Internal Revenue Code of 
1986, as amended (Title 26, United States Code).
    Issuer means a health insurance issuer.
    Large employer means, in connection with a group health plan with 
respect to a calendar year and a plan year, an employer who employed an 
average of at least 51 employees on business days during the preceding 
calendar year and who employs at least 2 employees on the first day of 
the plan year, unless otherwise provided under State law.
    Large group market means the health insurance market under which 
individuals obtain health insurance coverage (directly or through any 
arrangement) on behalf of themselves (and their dependents) through a 
group health plan maintained by a large employer, unless otherwise 
provided under State law.
    Late enrollment definitions (late enrollee and late enrollment) are 
set forth

[[Page 578]]

in 45 CFR 146.111 (a)(2)(iii) and (a)(2)(iv).
    Medical care means amounts paid for any of the following:
    (1) The diagnosis, cure, mitigation, or prevention of disease, or 
amounts paid for the purpose of affecting any structure or function of 
the body.
    (2) Transportation primarily for and essential to medical care 
referred to in paragraph (1) of this definition.
    (3) Insurance covering medical care referred to in paragraphs (1) 
and (2) of this definition.
    Medical condition or condition means any condition, whether physical 
or mental, including, but not limited to, any condition resulting from 
illness, injury (whether or not the injury is accidental), pregnancy, or 
congenital malformation. However, genetic information is not a 
condition.
    NAIC stands for the National Association of Insurance Commissioners.
    Network plan means health insurance coverage of a health insurance 
issuer under which the financing and delivery of medical care (including 
items and services paid for as medical care) are provided, in whole or 
in part, through a defined set of providers under contract with the 
issuer.
    Non-Federal governmental plan means a governmental plan established 
or maintained for its employees by the government of any State or 
political subdivision thereof, or by any agency or instrumentality of 
either.
    Participant has the meaning given the term under section 3(7) of 
ERISA, which states, ``any employee or former employee of an employer, 
or any member or former member of an employee organization, who is or 
may become eligible to receive a benefit of any type from an employee 
benefit plan which covers employees of such employer or members of such 
organization, or whose beneficiaries may be eligible to receive any such 
benefit.''
    PHS Act stands for the Public Health Service Act (42 U.S.C. 201 et 
seq.).
    Placement, or being placed, for adoption means the assumption and 
retention of a legal obligation for total or partial support of a child 
by a person with whom the child has been placed in anticipation of the 
child's adoption. The child's placement for adoption with the person 
terminates upon the termination of the legal obligation.
    Plan sponsor has the meaning given the term under section 3(16)(B) 
of ERISA, which states ``(i) the employer in the case of an employee 
benefit plan established or maintained by a single employer, (ii) the 
employee organization in the case of a plan established or maintained by 
an employee organization, or (iii) in the case of a plan established or 
maintained by two or more employers or jointly by one or more employers 
and one or more employee organizations, the association, committee, 
joint board of trustees, or other similar group of representatives of 
the parties who establish or maintain the plan.''
    Plan year means the year that is designated as the plan year in the 
plan document of a group health plan, except that if the plan document 
does not designate a plan year or if there is no plan document, the plan 
year is:
    (1) The deductible/limit year used under the plan.
    (2) If the plan does not impose deductibles or limits on a yearly 
basis, the plan year is the policy year.
    (3) If the plan does not impose deductibles or limits on a yearly 
basis, and either the plan is not insured or the insurance policy is not 
renewed on an annual basis, the plan year is the employer's taxable 
year.
    (4) In any other case, the plan year is the calendar year.
    Preexisting condition exclusion means a limitation or exclusion of 
benefits relating to a condition based on the fact that the condition 
was present before the first day of coverage, whether or not any medical 
advice, diagnosis, care, or treatment was recommended or received before 
that day. A preexisting condition exclusion includes any exclusion 
applicable to an individual as a result of information that is obtained 
relating to an individual's health status before the individual's first 
day of coverage, such as a condition identified as a result of a pre-
enrollment questionnaire or physical examination given to the 
individual, or review of medical records relating to the pre-enrollment 
period.

[[Page 579]]

    Public health plan has the meaning given the term under 45 CFR 
146.113(a)(1)(ix).
    Short-term limited duration insurance means health insurance 
coverage provided under a contract with an issuer that has an expiration 
date specified in the contract (taking into account any extensions that 
may be elected by the policyholder without the issuer's consent) that is 
within 12 months of the date the contract becomes effective.
    Significant break in coverage has the meaning given the term in 45 
CFR 146.113(b)(2)(iii).
    Small employer means, in connection with a group health plan with 
respect to a calendar year and a plan year, an employer who employed an 
average of at least 2 but not more than 50 employees on business days 
during the preceding calendar year and who employs at least 2 employees 
on the first day of the plan year, unless otherwise provided under State 
law.
    Small group market means the health insurance market under which 
individuals obtain health insurance coverage (directly or through any 
arrangement) on behalf of themselves (and their dependents) through a 
group health plan maintained by a small employer.
    Special enrollment date has the meaning given the term in 45 CFR 
146.117(d).
    State means each of the several States, the District of Columbia, 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern 
Mariana Islands.
    State health benefits risk pool has the meaning given the term under 
45 CFR 146.113(a)(1)(vii).
    Waiting period means the period that must pass before an employee or 
dependent is eligible to enroll under the terms of a group health plan. 
If an employee or dependent enrolls as a late enrollee or on a special 
enrollment date, any period before such late or special enrollment is 
not a waiting period. If an individual seeks and obtains coverage in the 
individual market, any period after the date the individual files a 
substantially complete application for coverage and before the first day 
of coverage is a waiting period.

[62 FR 16955, Apr. 8, 1997; 62 FR 31670, 31693, June 10, 1997; 64 FR 
45795, Aug. 20, 1999]

Subpart B [Reserved]

                           PART 145 [RESERVED]