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 Code of Federal Regulations (Last Updated: April 5, 2024)
 Title 45 - Public Welfare
 Subtitle A - Department of Health and Human Services
 SubChapter B - Requirements Relating to Health Care Access
 Part 150 - CMS Enforcement in Group and Individual Insurance Markets
 Subpart B - CMS Enforcement Processes for Determining Whether States Are Failing To Substantially Enforce PHS Act Requirement

  § 150.205 - Sources of information triggering an investigation of State enforcement.  

Latest version.

  • § 150.205 Sources of information triggering an investigation of State enforcement.

    Cross Reference
    Link to an amendment published at 86 FR 24286, May 5, 2021.

    Information that may trigger an investigation of State enforcement includes, but is not limited to, any of the following:

    (a) A complaint received by CMS.

    (b) Information learned during informal contact between CMS and State officials.

    (c) A report in the news media.

    (d) Information from the governors and commissioners of insurance of the various States regarding the status of their enforcement of PHS Act requirements.

    (e) Information obtained during periodic review of State health care legislation. CMS may review State health care and insurance legislation and regulations to determine whether they are:

    (1) Consistent with PHS Act requirements.

    (2) Not pre-empted as provided in § 146.143 (relating to group market provisions) and § 148.120 (relating to individual market requirements) on the basis that they prevent the application of a HIPAA PHS Act requirement.

    (f) Any other information that indicates a possible failure to substantially enforce.

    [64 FR 45795, Aug. 20, 1999, as amended at 78 FR 13440, Feb. 27, 2013; 86 FR 24286, May 5, 2021]