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Final version (Enrolled Bill) as passed by both Houses. There are 4 other versions of this bill.
GPO's PDF DisplayReferences to this bill in the Congressional RecordLink to House Committee Report 496 Part 1Link to House Committee Report 736Link to the Bill Summary & Status file.Printer Friendly Display

H.R.3103

Health Insurance Portability and Accountability Act of 1996 (Enrolled as Agreed to or Passed by Both House and Senate)

Beginning
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    Sec. 1. Short title; table of contents.
    Sec. 103. Reference to implementation through the Internal Revenue Code of 1986.
    Sec. 193. Allowing federally-qualified HMOs to offer high deductible plans.
    Sec. 194. Volunteer services provided by health professionals at free clinics.
TITLE II--PREVENTING HEALTH CARE FRAUD AND ABUSE; ADMINISTRATIVE SIMPLIFICATION; MEDICAL LIABILITY REFORM
    Sec. 204. Application of certain health antifraud and abuse sanctions to fraud and abuse against Federal health care programs.
    Sec. 205. Guidance regarding application of health care fraud and abuse sanctions.
    Sec. 211. Mandatory exclusion from participation in Medicare and State health care programs.
    Sec. 213. Permissive exclusion of individuals with ownership or control interest in sanctioned entities.
    Sec. 214. Sanctions against practitioners and persons for failure to comply with statutory obligations.
    Sec. 215. Intermediate sanctions for Medicare health maintenance organizations.
    Sec. 216. Additional exception to anti-kickback penalties for risk-sharing arrangements.
    Sec. 217. Criminal penalty for fraudulent disposition of assets in order to obtain medicaid benefits.
    Sec. 218. Effective date.
    Sec. 232. Penalty for false certification for home health services.
    Sec. 241. Definitions relating to Federal health care offense.
    Sec. 263. Changes in membership and duties of National Committee on Vital and Health Statistics.
    Sec. 264. Recommendations with respect to privacy of certain health information.
    Sec. 271. Duplication and coordination of Medicare-related plans.
    Sec. 311. Increase in deduction for health insurance costs of self-employed indi-viduals.
    Sec. 322. Qualified long-term care services treated as medical care.
    Sec. 326. Requirements for issuers of qualified long-term care insurance contracts.
    Sec. 331. Treatment of accelerated death benefits by recipient.
    Sec. 332. Tax treatment of companies issuing qualified accelerated death benefit riders.
    Sec. 341. Exemption from income tax for State-sponsored organizations providing health coverage for high-risk individuals.
    Sec. 342. Exemption from income tax for State-sponsored workmen's compensation reinsurance organizations.
    Sec. 361. Distributions from certain plans may be used without additional tax to pay financially devastating medical expenses.
    Sec. 401. Group health plan portability, access, and renewability requirements.
    Sec. 402. Penalty on failure to meet certain group health plan requirements.
    Sec. 501. Denial of deduction for interest on loans with respect to company-owned life insurance.
    Sec. 511. Revision of income, estate, and gift taxes on individuals who lose United States citizenship.
    Sec. 512. Information on individuals losing United States citizenship.
    Sec. 521. Repeal of financial institution transition rule to interest allocation rules.
TITLE I--HEALTH CARE ACCESS, PORTABILITY, AND RENEWABILITY
Subtitle A--Group Market Rules
Part 1--Portability, Access, and Renewability Requirements
    SEC. 101. THROUGH THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.
    `SEC. 701. INCREASED PORTABILITY THROUGH LIMITATION ON PREEXISTING CONDITION EXCLUSIONS.
    `SEC. 704. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION.
    `SEC. 705. SPECIAL RULES RELATING TO GROUP HEALTH PLANS.
    `SEC. 706. DEFINITIONS.
    `SEC. 707. REGULATIONS.
`Part 6--Continuation Coverage and Additional Standards for Group Health Plans'.
`Part 7--Group Health Plan Portability, Access, and Renewability Requirements
    SEC. 102. THROUGH THE PUBLIC HEALTH SERVICE ACT.
`TITLE XXVII--ASSURING PORTABILITY, AVAILABILITY, AND RENEWABILITY OF HEALTH INSURANCE COVERAGE
`Part A--Group Market Reforms
`Subpart 1--Portability, Access, and Renewability Requirements
`Subpart 2--Provisions Applicable Only to Health Insurance Issuers
    `SEC. 2713. DISCLOSURE OF INFORMATION.
`Subpart 3--Exclusion of Plans; Enforcement; Preemption
    `SEC. 2721. EXCLUSION OF CERTAIN PLANS.
    `SEC. 2722. ENFORCEMENT.
    `SEC. 2723. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION.
`Part C--Definitions; Miscellaneous Provisions
    `SEC. 2791. DEFINITIONS.
    `SEC. 2792. REGULATIONS.
    SEC. 104. ASSURING COORDINATION.
Subtitle B--Individual Market Rules
    SEC. 111. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
`Part B--Individual Market Rules
    `SEC. 2743. CERTIFICATION OF COVERAGE.
    `SEC. 2744. STATE FLEXIBILITY IN INDIVIDUAL MARKET REFORMS.
    `SEC. 2745. ENFORCEMENT.
    `SEC. 2746. PREEMPTION.
    `SEC. 2747. GENERAL EXCEPTIONS.
Subtitle C--General and Miscellaneous Provisions
    SEC. 191. HEALTH COVERAGE AVAILABILITY STUDIES.
    SEC. 192. REPORT ON MEDICARE REIMBURSEMENT OF TELEMEDICINE.
    SEC. 195. FINDINGS; SEVERABILITY.
TITLE II--PREVENTING HEALTH CARE FRAUD AND ABUSE; ADMINISTRATIVE SIMPLIFICATION
    SEC. 200. REFERENCES IN TITLE.
Subtitle A--Fraud and Abuse Control Program
    SEC. 201. FRAUD AND ABUSE CONTROL PROGRAM.
`FRAUD AND ABUSE CONTROL PROGRAM
    SEC. 202. MEDICARE INTEGRITY PROGRAM.
`MEDICARE INTEGRITY PROGRAM
    SEC. 203. BENEFICIARY INCENTIVE PROGRAMS.
`GUIDANCE REGARDING APPLICATION OF HEALTH CARE FRAUD AND ABUSE SANCTIONS
Subtitle B--Revisions to Current Sanctions for Fraud and Abuse
Subtitle C--Data Collection
    SEC. 221. ESTABLISHMENT OF THE HEALTH CARE FRAUD AND ABUSE DATA COLLECTION PROGRAM.
`HEALTH CARE FRAUD AND ABUSE DATA COLLECTION PROGRAM
Subtitle D--Civil Monetary Penalties
    SEC. 231. SOCIAL SECURITY ACT CIVIL MONETARY PENALTIES.
Subtitle E--Revisions to Criminal Law
    `Sec. 24. Definitions relating to Federal health care offense
    SEC. 242. HEALTH CARE FRAUD.
    `Sec. 1347. Health care fraud
    SEC. 243. THEFT OR EMBEZZLEMENT.
    `Sec. 669. Theft or embezzlement in connection with health care
    SEC. 244. FALSE STATEMENTS.
    `Sec. 1035. False statements relating to health care matters
    SEC. 245. OBSTRUCTION OF CRIMINAL INVESTIGATIONS OF HEALTH CARE OFFENSES.
    SEC. 246. LAUNDERING OF MONETARY INSTRUMENTS.
    SEC. 247. INJUNCTIVE RELIEF RELATING TO HEALTH CARE OFFENSES.
    SEC. 248. AUTHORIZED INVESTIGATIVE DEMAND PROCEDURES.
    `Sec. 3486. Authorized investigative demand procedures
    SEC. 249. FORFEITURES FOR FEDERAL HEALTH CARE OFFENSES.
    SEC. 250. RELATION TO ERISA AUTHORITY.
Subtitle F--Administrative Simplification
    SEC. 261. PURPOSE.
    SEC. 262. ADMINISTRATIVE SIMPLIFICATION.
`Part C--Administrative Simplification
`DEFINITIONS
`GENERAL REQUIREMENTS FOR ADOPTION OF STANDARDS
`STANDARDS FOR INFORMATION TRANSACTIONS AND DATA ELEMENTS
`TIMETABLES FOR ADOPTION OF STANDARDS
`REQUIREMENTS
`GENERAL PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS AND STANDARDS
`WRONGFUL DISCLOSURE OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION
`PROCESSING PAYMENT TRANSACTIONS BY FINANCIAL INSTITUTIONS
`TITLE XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION'.
Subtitle G--Duplication and Coordination of Medicare-Related Plans
`THIS IS NOT MEDICARE SUPPLEMENT INSURANCE'.
TITLE III--TAX-RELATED HEALTH PROVISIONS
    SEC. 300. AMENDMENT OF 1986 CODE.
Subtitle A--Medical Savings Accounts
    SEC. 301. MEDICAL SAVINGS ACCOUNTS.
    `SEC. 220. MEDICAL SAVINGS ACCOUNTS.
    `SEC. 4980E. FAILURE OF EMPLOYER TO MAKE COMPARABLE MEDICAL SAVINGS ACCOUNT CONTRIBUTIONS.
Subtitle B--Increase in Deduction for Health Insurance Costs of Self-Employed Individuals
    SEC. 311. INCREASE IN DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.
The applicable percentage is--
Subtitle C--Long-Term Care Services and Contracts
PART I--GENERAL PROVISIONS
    SEC. 321. TREATMENT OF LONG-TERM CARE INSURANCE.
    `SEC. 7702B. TREATMENT OF QUALIFIED LONG-TERM CARE INSURANCE.
    SEC. 323. REPORTING REQUIREMENTS.
    `SEC. 6050Q. CERTAIN LONG-TERM CARE BENEFITS.
PART II--CONSUMER PROTECTION PROVISIONS
    SEC. 325. POLICY REQUIREMENTS.
    SEC. 327. EFFECTIVE DATES.
Subtitle D--Treatment of Accelerated Death Benefits
Subtitle E--State Insurance Pools
    Subtitle F--Organizations Subject to Section 833
    SEC. 351. ORGANIZATIONS SUBJECT TO SECTION 833.
Subtitle G--IRA Distributions to the Unemployed
Subtitle H--Organ and Tissue Donation Information Included With Income Tax Refund Payments
    SEC. 371. ORGAN AND TISSUE DONATION INFORMATION INCLUDED WITH INCOME TAX REFUND PAYMENTS.
TITLE IV--APPLICATION AND ENFORCEMENT OF GROUP HEALTH PLAN REQUIREMENTS
Subtitle A--Application and Enforcement of Group Health Plan Requirements
`Subtitle K--Group Health Plan Portability, Access, and Renewability Requirements
`Chapter 100. Group health plan portability, access, and renewability requirements.
`CHAPTER 100--GROUP HEALTH PLAN PORTABILITY, ACCESS, AND RENEWABILITY REQUIREMENTS
    `SEC. 4980D. FAILURE TO MEET CERTAIN GROUP HEALTH PLAN REQUIREMENTS.
Subtitle B--Clarification of Certain Continuation Coverage Requirements
    SEC. 421. COBRA CLARIFICATIONS.
TITLE V--REVENUE OFFSETS
    SEC. 500. AMENDMENT OF 1986 CODE.
Subtitle A--Company-Owned Life Insurance
Subtitle B--Treatment of Individuals Who Lose United States Citizenship
    `SEC. 6039F. INFORMATION ON INDIVIDUALS LOSING UNITED STATES CITIZENSHIP.
    SEC. 513. REPORT ON TAX COMPLIANCE BY UNITED STATES CITIZENS AND RESIDENTS LIVING ABROAD.
Subtitle C--Repeal of Financial Institution Transition Rule to Interest Allocation Rules


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