[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Rules and Regulations]
[Pages 31690-31694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14884]
[[Page 31689]]
_______________________________________________________________________
Part IV
Department of the Treasury
Internal Revenue Service
26 CFR Part 54
Department of Labor
Pension and Welfare Benefits Administration
29 CFR Parts 2590 and 2520
Department of Health and Human Services
Health Care Financing Administration
45 CFR Subtitle A, Parts 144, 146, and 148
_______________________________________________________________________
Interim Rules for Health Insurance Portability for Group Health Plans;
Corrections; Final Rule
Interim Rules Amending ERISA Disclosure Requirements for Group Health
Plans; Correction; Final Rule
Federal Register / Vol. 62, No. 111 / Tuesday, June 10, 1997 / Rules
and Regulations
[[Page 31690]]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[TD 8716]
RIN 1545-AV05
DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
29 CFR Part 2590
RIN 1210-AA54
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
45 CFR Subtitle A, Parts 144 and 146
[BPD-890-CN2]
RIN 0938-AI08
Interim Rules for Health Insurance Portability for Group Health
Plans; Correction
AGENCIES: Internal Revenue Service, Department of the Treasury; Pension
and Welfare Benefits Administration, Department of Labor; Health Care
Financing Administration, Department of Health and Human Services.
ACTION: Correction to interim rules.
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SUMMARY: This document contains corrections to interim rules which were
published in the Federal Register on Tuesday, April 8, 1997 (62 FR
16894). The interim rules govern the access, portability and
renewability requirements for group health plans and issuers of health
insurance coverage offered in connection with a group health plan under
the Health Insurance Portability and Accountability Act of 1996
(HIPAA).
EFFECTIVE DATE: June 1, 1997.
FOR FURTHER INFORMATION CONTACT: Julie Walton, Health Care Financing
Administration, at 410-786-1565; Amy J. Scheingold, Office of
Regulations and Interpretations, Pension and Welfare Benefits
Administration, Department of Labor, at 202-219-4377; or Russ
Weinheimer, Internal Revenue Service, at 202-622-4695. These are not
toll-free numbers.
SUPPLEMENTARY INFORMATION:
Background
The interim rules that are subject to these corrections are issued
under sections 102(c)(4), 101(g)(4), and 401(c)(4) of HIPAA.
Need for Correction
As published, the interim rules contain errors which may prove to
be misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication of the interim rules which are the
subject of FR Doc. 97-8275 is corrected as follows:
1. On page 16895, column 3, in the preamble under the paragraph
heading ``C. Overview of Coordination of Group Market Regulation Among
Departments'', line 3 from the top of the column, the language ``Part A
of Title XXVII of the PHS Act, a'' is corrected to read ``Title XXVII
of the PHS Act, a''.
2. On page 16896, column 1, in the preamble under the paragraph
heading ``D. Special Information Concerning State Insurance Law'', line
2 from the bottom of the column, the language ``sections 144 through
148 in the PHS Act'' is corrected to read ``parts 144 through 148 in
the PHS Act''.
3. On page 16896, column 2, in the preamble under the paragraph
heading ``D. Special Information Concerning State Insurance Law'',
lines 3 through 7, the language ``(See section 146) and the individual
market (see section 148). The group market is further divided into the
large group market and the small group market. Section 146 of the PHS
Act'' is corrected to read ``(see part 146) and the individual market
(see part 148). The group market is further divided into the large
group market and the small group market. Part 146 of the PHS Act''.
4. On page 16896, column 2, in the preamble, the paragraph heading
``Definitions--26 CFR 54.9801-2, 29 CFR 2590.701-2, 45 CFR 144.103'',
is corrected to read ``Definitions--26 CFR 54.9801-2T, 29 CFR 2590.701-
2, 45 CFR 144.103''.
5. On page 16896, column 3, in the preamble, the paragraph heading
``Limitation on Preexisting Condition Exclusion Period--26 CFR 54.9801-
3, 29 CFR 2590.71-3, 45 CFR 146.111'', is corrected to read
``Limitation on Preexisting Condition Exclusion Period--26 CFR 54.9801-
3T, 29 CFR 2590.701-3, 45 CFR 146.111''.
6. On page 16896, column 3, in footnote 4, in the last line, the
reference to ``26 CFR 54.9801-3'' is corrected to read ``26 CFR
54.9801-3T''.
7. On page 16897, column 3, in the preamble, the paragraph heading
``Rules Relating to Creditable Coverage--26 CFR 54.9801-4, 29 CFR
2590.701-4, 45 CFR 146.113'' is corrected to read ``Rules Relating to
Creditable Coverage--26 CFR 54.9801-4T, 29 CFR 2590.701-4, 45 CFR
146.113''.
8. On page 16899, column 1, in the preamble, the paragraph heading
``Certificates and Disclosure of Previous Coverage--26 CFR 54.9801-5,
29 CFR 2590.701-5, 45 CFR 146.115'' is corrected to read ``Certificates
and Disclosure of Previous Coverage--26 CFR 54.9801-5T, 29 CFR
2590.701-5, 45 CFR 146.115''.
9. On page 16899, column 2, in the preamble under the paragraph
heading ``Certificates and Disclosure of Previous Coverage--26 CFR
54.9801-5T, 29 CFR 2590.701-5, 45 CFR 146.115'', the first full
paragraph, line 2, the language ``Paragraph (a)(5) describes the rights
of'' is corrected to read ``Paragraph (a)(2) describes the rights of''.
10. On page 16900, column 3, in the preamble under the paragraph
heading ``Certificates and Disclosure of Previous Coverage--26 CFR
54.9801-5T, 29 CFR 2590.701-5, 45 CFR 146.115'', lines 6 and 7 from the
top of the column, the language ``category of benefits described in
paragraph (b). The requested entity may'' is corrected to read ``of the
specified categories of benefits. The requested entity may''.
11. On page 16900, column 3, in the preamble under the heading of
the model form ``Information on Categories of Benefits'', in the
unnumbered paragraph of the model form, lines 1 through 7 are corrected
as follows:
``For each category above, (i) enter `N/A' if the individual had
no coverage within the category, (ii) enter both the date that the
individual's coverage within the category began and the date that
the individual's coverage within the category ended (or indicate if
continuing), or (iii) enter `same' ''.
12. On page 16901, column 2, in the preamble under the heading of
the model certificate ``Certificate of Group Health Plan Coverage'',
number 8, line 2, the language ``line 5 has at least 18 months of
creditable'' is corrected to read ``line 5 has (have) at least 18
months of creditable''.
13. On page 16901, column 2, in the preamble under the heading of
the model certificate ``Certificate of Group Health Plan Coverage'', in
the paragraph entitled ``Note:'', last line, the language ``the
participant and each beneficiary.'' is corrected to read ``the
participant and each dependent.''.
14. On page 16901, column 2, in the preamble, the paragraph heading
``Special Enrollment Periods--26 CFR 54.9801-6, 29 CFR 2590.701-6, 45
CFR 146.117'' is corrected to read ``Special Enrollment Periods--26 CFR
54.9801-6T, 29 CFR 2590.701-6, 45 CFR 146.117''.
15. On page 16902, column 2, in the preamble, the paragraph heading
``Nondiscrimination in Eligibility and
[[Page 31691]]
Premiums in the Group Market--26 CFR 54.9802-1, 29 CFR 2590.702, 45 CFR
146.121'' is corrected to read ``Nondiscrimination in Eligibility and
Premiums in the Group Market--26 CFR 54.9802-1T, 29 CFR 2590.702, 45
CFR 146.121''.
16. On page 16903, column 2, in the preamble, the paragraph heading
``Special Rules--Excepted Plans and Excepted Benefits--26 CFR 54.9804-
1, 29 CFR 2590.732, 45 CFR 146.145'' is corrected to read ``Special
Rules--Excepted Plans and Excepted Benefits--26 CFR 54.9804-1T, 29 CFR
2590.732, 45 CFR 146.145''.
17. On page 16906, column 2, in the preamble, the paragraph heading
``Effective Dates--26 CFR 54.9806-1, 29 CFR 2590.736, 45 CFR 146.125''
is corrected to read ``Effective Dates--26 CFR 54.9806-1T, 29 CFR
2590.736, 45 CFR 146.125''.
18. On page 16907, column 1, in the preamble, under the paragraph
heading ``G. Interim Rules and Request for Comments'', line 3, the
language ``NMHPA), Section 2707 of the PHS Act,'' is corrected to read
``NMHPA), Section 2792 of the PHS Act,''.
19. On page 16909, column 2, in the preamble, the fourth full
paragraph, line 9, the language ``help level the playing for small'' is
corrected to read ``help level the playing field for small''.
20. On page 16913, column 2, in the preamble, the second full
paragraph, line 10, the language ``explore innovative options and
intend'' is corrected to read ``explore innovative options and HHS
intends''.
20a. On page 16919, column 2, in the preamble, under the paragraph
heading ``Exclusion of Certain Plans from the PHS Act Group Market
Requirements'', first paragraph, line 8, the language ``Act. Section
146.180(b) includes rules'' is corrected to read ``Act. Section 146.180
includes rules''.
21. On page 16921, column 2, in the preamble, line 2 from the top
of the column, the language ``for certification (29 CFR 2590.710(e)
and'' is corrected to read ``for certification (29 CFR 2590.736(e)
and''.
22. On page 16923, column 1, in the preamble, the paragraph heading
``Estimated Total Burden Cost'' is removed.
23. On page 16924, column 2, in the preamble, the paragraph heading
``45 CFR 146.120 Certificates and Disclosure of Previous Coverage'' is
corrected to read ``45 CFR 146.115 Certificates and Disclosure of
Previous Coverage''.
24. On page 16925, column 1, in the preamble, the paragraph heading
``45 CFR 146.122 Special Enrollment Periods'' is corrected to read ``45
CFR 146.117 Special Enrollment Periods''.
25. On page 16925, column 2, in the preamble, lines 1 through 4
from the bottom of the column, the language ``annually per issuer, for
a total burden of 2,800 hours. The cost associated with this hour
burden is estimated to be $30,800 annually.'' is corrected to read
``per issuer, for a total burden of 2,800 hours. The cost associated
with this hour burden is estimated to be $30,800.''.
26. On page 16927, column 1, in the preamble, the paragraph heading
is corrected to read as follows: ``45 CFR 146.180 Treatment of Non-
Federal Governmental Plans''.
26a. On page 16927, column 1, in the preamble, under the paragraph
heading ``45 CFR 146.180 Treatment of Non-Federal Governmental Plans'',
first paragraph, line 1, the language ``Section 145.180(b) includes
rules'' is corrected to read ``Section 146.180 includes rules''.
27. On page 16927, column 2, in the preamble, under the paragraph
heading ``Statutory Authorities'', the third paragraph, last line, the
language ``the authority contained in Section.'' is corrected to read
``the authority contained in 26 U.S.C. 7805, 9806; Sec. 401, Pub. L.
104-191, 101 Stat. 1936.''.
26 CFR PART 54--[CORRECTED]
Sec. 54.9801-1T [Corrected]
28. On page 16927, column 3, Sec. 54.9801-1T, paragraph (c), line
6, the language ``sections 701, 702, 703, 705, and 706 of'' is
corrected to read ``sections 701, 702, 703, 732, and 733 of''.
Sec. 54.9801-2T [Corrected]
29. On page 16928, column 1, Sec. 54.9801-2T, paragraph (3) of the
definition ``COBRA'', line 2, the language ``means sections 601-608 of
the ERISA,'' is corrected to read ``means sections 601-608 of ERISA,''.
Sec. 54.9801-3T [Corrected]
30. On page 16930, column 1, Sec. 54.9801-3T, paragraph
(a)(1)(iii), line 2 from the top of the column, the language ``
`coverage' as such term is used in'' is corrected to read `` `coverage'
as such phrase is used in''.
31. On page 16930, column 3, Sec. 54.9801-3T, paragraph (b)(1)(ii),
paragraph (ii) of the Example., line 5 from the bottom of the
paragraph, the language ``to 2 months for any preexisting condition
of'' is corrected to read ``to 65 days for any preexisting condition
of''.
Sec. 54.9801-4T [Corrected]
32. On page 16931, column 3, Sec. 54.9801-4T, paragraph (b)(2)(iv),
paragraph (i) of Example 6., line 5, the language ``ceases. C is then
unemployed for 51 days'' is corrected to read ``ceases. C is then
unemployed and does not have any creditable coverage for 51 days''.
33. On page 16932, column 1, Sec. 54.9801-4T, paragraph (b)(2)(iv),
paragraph (ii) of Example 7., line 3, the language ``coverage under the
policy ultimately became'' is corrected to read ``and coverage under
the policy ultimately became''.
34. On page 16932, column 1, Sec. 54.9801-4T, paragraph
(b)(2)(v)(B), paragraph (ii) of the Example., line 9, the language
``month anniversary of her enrollment (May'' is corrected to read
``month anniversary of F's enrollment (May''.
Sec. 54.9801-5T [Corrected]
35. On page 16933, column 1, Sec. 54.9801-5T, paragraph (a)(1)(i),
lines 3 and 4 from the top of the column, the language ``accordance
with this paragraph (a) of this section. (See PHSA section 2701(e)'' is
corrected to read ``accordance with this paragraph (a). (See PHSA
section 2701(e)''.
36. On page 16933, column 2, Sec. 54.9801-5T, paragraph
(a)(1)(iv)(B)(1), line 24, the language ``request made under paragraph
(b)(2) of'' is corrected to read ``request made under paragraph (b)(1)
of''.
37. On page 16933, column 2, Sec. 54.9801-5T, paragraph
(a)(1)(iv)(B)(2), paragraph (i) of the Example., lines 7 through 9, the
language ``agreement with the plan to provide automatic certificates as
permitted under paragraph (a)(2)(ii) of this section.'' is corrected to
read ``agreement with the plan to provide certificates as permitted
under paragraph (a)(1)(iii) of this section.''.
38. On page 16934, column 1, Sec. 54.9801-5T, paragraph (a)(2)(iv),
paragraph (i) of Example 4., line 8, the language ``expiration of a 30-
day grace period, S's group'' is corrected to read ``expiration of a
30-day grace period, Employer S's group''.
39. On page 16934, column 2, Sec. 54.9801-5T, paragraph (a)(2)(iv),
paragraph (i) of Example 5., line 2 from the top of the column, the
language ``premitted under paragraph (a)(2)(iii). Under'' is corrected
to read ``permitted under paragraph (a)(2)(iii) of this section.
Under''.
40. On page 16935, column 1, Sec. 54.9801-5T, paragraph
(a)(5)(i)(A), line 5, the language ``relating to the dependent
coverage. In'' is corrected to
[[Page 31692]]
read ``relating to dependent coverage. In''.
41. On page 16935, columns 1 and 2, Sec. 54.9801-5T, paragraph
(a)(5)(i)(B), paragraph (ii) of the Example., the last line of column 1
and first line of column 2, the language ``the standard in this
paragraph (a)(5)(i) of this section that it make reasonable efforts
to'' is corrected to read ``the standard in this paragraph (a)(5)(i)
that it make reasonable efforts to''.
42. On page 16935, column 3, Sec. 54.9801-5T, paragraph (a)(6)(ii),
line 2 from the bottom of the paragraph, the language ``requirements of
Subparts 1 and 3 of Part'' is corrected to read ``requirements of
Subparts 1 through 3 of Part''.
43. On page 16936, column 2, Sec. 54.9801-5T, paragraph (c)(2)(ii),
line 3 from the top of the column, the language ``explanations of
benefit claims (EOB) or'' is corrected to read ``explanations of
benefit claims (EOBs) or''.
44. On page 16937, column 1, Sec. 54.9801-5T, paragraph (d)(3),
paragraph (ii) of Example 3., last 4 lines of the paragraph, the
language ``is consistent with the urgency of H's health condition (this
determination may be modified as permitted under paragraph (d)(2) of
this section).'' is corrected to read ``is consistent with the urgency
of H's health condition. (This determination may be modified as
permitted under paragraph (d)(2) of this section.)''.
Sec. 54.9801-6T [Corrected]
45. On page 16938, column 1, Sec. 54.9801-6T, paragraph (b)(2),
line 6, the language ``enrolled, in the plan, the individual'' is
corrected to read ``enrolled, for coverage under the terms of the plan,
the individual''.
46. On page 16938, column 1, Sec. 54.9801-6T, paragraph (b)(4)
introductory text, line 2, the language ``who is eligible, but not
enrolled, in the'' is corrected to read ``who is eligible, but not
enrolled, for coverage under the terms of the''.
47. On page 16938, column 1, Sec. 54.9801-6T, paragraph (b)(6),
line 4, the language ``eligible, but not enrolled, in the plan,'' is
corrected to read ``eligible, but not enrolled, for coverage under the
terms of the plan,''.
Sec. 54.9806-1T [Corrected]
48. On page 16940, column 1, Sec. 54.9806-1T, paragraph (a)(1),
line 6, the language ``through 54.9804-1T apply with respect'' is
corrected to read ``through 54.9801-6T, 54.9802-1T, and 54.9804-1T
apply with respect''.
49. On page 16940, column 1, Sec. 54.9806-1T, paragraph (a)(2),
line 12, the language ``1T through 54.9804-1T do not apply to'' is
corrected to read ``1T through 54.9801-6T, 54.9802-1T, and 54.9804-1T
do not apply to''.
50. On page 16940, column 1, Sec. 54.9806-1T, paragraph (a)(2),
line 3 from the bottom of the paragraph, the language ``requirement of
such part, is not treated'' is corrected to read ``requirement of such
Chapter, is not treated''.
51. On page 16940, column 3, Sec. 54.9806-1T, paragraph (d), line
11, the language ``and a health insurance issuer is not'' is corrected
to read ``and a health insurance issuer are not''.
52. On page 16940, column 3, Sec. 54.9806-1T, paragraph (e)(3)(i),
line 4, the language ``Sec. 54.9801-5T(a)(5)(ii), that occur on or'' is
corrected to read ``Sec. 54.9801-5T(a)(2)(ii), that occur on or''.
53. On page 16940, column 3, Sec. 54.9806-1T, paragraph (e)(3)(iv),
last line, the language ``5T(a)(5)(iii).'' is corrected to read
``5T(a)(2)(iii).''
54. On page 16941, column 1, in the signature block, the language
``Assistant Secretary of the Treasury'' is corrected to read ``Acting
Assistant Secretary of the Treasury''.
29 CFR PART 2590--[CORRECTED]
Sec. 2590.701-2 [Corrected]
55. On pages 16941 and 16492, columns 3 and 1, respectively,
Sec. 2590.701-2, the definitions of ``Enrollment date'' and ``Late
enrollment'' are corrected to read as follows:
* * * * *
Enrollment date definitions (enrollment date and first day of
coverage) are set forth in Sec. 2590.701-3(a)(2) (i) and (ii).
* * * * *
Late enrollment definitions (late enrollee and late enrollment) are
set forth in Sec. 2590.701-3(a)(2) (iii) and (iv).
* * * * *
Sec. 2590.701-3 [Corrected]
56. On page 16943, column 1, Sec. 2590.701-3, paragraph
(a)(1)(i)(C), paragraph (i) of Example 3., line 2 from the bottom of
the paragraph, the language ``plan. Two months later, B is
hospitalized'' is corrected to read ``plan. Two months later, B is
hospitalized for''.
57. On page 16943, column 2, Sec. 2590.701-3, paragraph
(a)(1)(iii), line 2 from the bottom of the paragraph, the language
``term is used in section 701(a)(3) of the'' is corrected to read
``phrase is used in section 701(a)(3) of the''.
58. On page 16944, column 1, Sec. 2590.701-3, paragraph (b)(1)(ii),
paragraph (ii) of the Example., line 5 from the bottom of the
paragraph, the language ``to 2 months for any preexisting condition
of'' is corrected to read ``to 65 days for any preexisting condition
of''.
59. On page 16944, column 2, Sec. 2590.701-3, paragraph (c), line
3, the language ``plan, and health insurance issuer'' is corrected to
read ``plan, and a health insurance issuer''.
Sec. 2590.701-4 [Corrected]
60. On page 16945, column 2, Sec. 2590.701-4, paragraph (b)(2)(iv),
paragraph (i) of Example 6, line 5, the language ``ceases. C is then
unemployed for 51 days'' is corrected to read ``ceases. C is then
unemployed and does not have any creditable coverage for 51 days''.
Sec. 2590.701-5 [Corrected]
61. On page 16946, column 2, Sec. 2590.701-5, paragraph (a)(1)(i),
last line, the language ``this paragraph (a) of this section.'' is
corrected to read ``this paragraph (a).''.
62. On page 16946, column 3, Sec. 2590.701-5, paragraph
(a)(1)(iv)(B)(1), line 12 from the bottom of the column, the language
``request made under paragraph (b)(2) of'' is corrected to read
``request made under paragraph (b)(1) of''.
63. On page 16947, column 1, Sec. 2590.701-5, paragraph
(a)(1)(iv)(B)(2), paragraph (i) of the Example., last 3 lines, the
language ``agreement with the plan to provide automatic certificates as
permitted under paragraph (a)(2)(ii) of this section.'' is corrected to
read ``agreement with the plan to provide certificates as permitted
under paragraph (a)(1)(iii) of this section.''.
64. On page 16947, column 3, Sec. 2590.701-5, paragraph (a)(2)(iv),
paragraph (i) of Example 4., line 8, the language ``expiration of a 30-
day grace period, S's group'' is corrected to read ``expiration of a
30-day grace period, Employer S's group''.
65. On page 16948, column 3, Sec. 2590.701-5, paragraph
(a)(5)(i)(A), line 5, the language ``relating to the dependent
coverage. In'' is corrected to read ``relating to dependent coverage.
In''.
66. On page 16948, column 3, Sec. 2590.701-5, paragraph
(a)(5)(i)(B), paragraph (ii) of the Example., lines 2 and 3, the
language ``the standard in this paragraph (a)(5)(i) of this section
that it make reasonable efforts to'' is corrected to read ``the
standard in this paragraph (a)(5)(i) that it make reasonable efforts
to''.
66a. On page 16949, column 2, Sec. 2590.701-5, paragraph
(a)(6)(ii), line 3
[[Page 31693]]
from the top of the column, the language ``requirements of subparts 1
and 3 of part'' is corrected to read ``requirements of Subparts 1
through 3 of Part''.
67. On page 16949, column 3, Sec. 2590.701-5, paragraph (c)(2)(ii),
line 5, the language ``explanations of benefit claims (EOB) or'' is
corrected to read ``explanations of benefit claims (EOBs) or''.
Sec. 2590.701-6 [Corrected]
68. On page 16951, column 3, Sec. 2590.701-6, paragraph (b)(2),
line 6, the language ``enrolled, in the plan, the individual'' is
corrected to read ``enrolled, for coverage under the terms of the plan,
the individual''.
69. On page 16951, column 3, Sec. 2590.701-6, paragraph (b)(4)
introductory text, line 2, the language ``who is eligible, but not
enrolled, in the'' is corrected to read ``who is eligible, but not
enrolled, for coverage under the terms of the''.
70. On page 16951, column 3, Sec. 2590.701-6, paragraph (b)(6),
line 4, the language ``eligible, but not enrolled, in the plan'' is
corrected to read ``eligible, but not enrolled, for coverage under the
terms of the plan''.
Sec. 2590.731 [Corrected]
71. On page 16953, column 3, Sec. 2590.731, paragraph (d)(1), line
2, the language ``purposes of this Sec. 2590.736 the term'' is
corrected to read ``purposes of this section the term''.
Sec. 2590.736 [Corrected]
72. On page 16955, column 1, Sec. 2590.736, paragraph (d), line 11,
the language ``and a health insurance issuer is not'' is corrected to
read ``and a health insurance issuer are not''.
73. On page 16955, column 1, Sec. 2590.736, paragraph (e)(3)(i),
line 4, the language ``Sec. 2590.701-5(a)(5)(ii), that occur on or'' is
corrected to read ``Sec. 2590.701-5(a)(2)(ii), that occur on or''.
74. On page 16955, column 2, Sec. 2590.736, paragraph (e)(3)(iv),
last line, the language ``5(a)(5)(iii).'' is corrected to read
``5(a)(2)(iii).''.
45 CFR PART 144--[CORRECTED]
Sec. 144.103 [Corrected]
75. On page 16956, column 3, Sec. 144.103, the definitions of
``Creditable coverage'' and ``Enrollment date'' are corrected to read
as follows:
* * * * *
Creditable coverage has the meaning given the term under 45 CFR
146.113(a).
* * * * *
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).
* * * * *
76. On page 16956, column 3, Sec. 144.103, paragraph (2) under the
definition ``Excepted benefits'', line 1, the language ``(2) The
individual market provisions'' is corrected to read ``(2) Individual
market provisions''.
77. On page 16957, column 2, Sec. 144.103, in the definition
``Medical care'', line 1, the language ``Medical care or condition
means'' is corrected to read ``Medical care means''.
78. On page 16957, column 2, Sec. 144.103, in the definition
``Medical condition'', line 1, the language ``Medical condition means
any'' is corrected to read ``Medical condition or condition means
any''.
79. On page 16957, column 3, Sec. 144.103, in the definition ``Non-
Federal governmental plan'', line 3, the language ``a Federal
government plan.'' is corrected to read ``a Federal governmental
plan.''.
80. On page 16957, column 3, Sec. 144.103, in the definition ``PHS
Act'', line 2, the language ``Service Act.'' is corrected to read
``Service Act (42 U.S.C. 201, et seq.).''.
81. On page 16958, column 1, Sec. 144.103, in the definition
``Public health plan'', lines 1 and 2, the language ``Public health
plan means `public health plan' within the meaning of 45'' is corrected
to read ``Public health plan has the meaning given the term under 45''.
82. On page 16958, column 2, Sec. 144.103, in the definition
``State health benefits risk pool'', lines 1 through 3, the language
``State health benefits risk pool means a 'State health benefits risk
pool' within the meaning of 45 CFR'' is corrected to read ``State
health benefits risk pool has the meaning given the term under 45
CFR''.
45 CFR PART 146--[CORRECTED]
Sec. 146.111 [Corrected]
83. On page 16959, column 2, Sec. 146.111, paragraph (a)(1)(i)(C),
paragraph (ii) of Example 3, line 4, the language ``this of illness
because the care is related to'' is corrected to read ``this illness
because the care is related to''.
84. On page 16959, column 3, Sec. 146.111, paragraph (a)(1)(iii),
line 7 from the top of the column, the language ``creditable coverage'
as such term is'' is corrected to read ``creditable coverage' as such
phrase is''.
85. On page 16960, column 2, Sec. 146.111, paragraph (b)(1)(ii),
paragraph (ii) of the Example, line 5 from the bottom of the paragraph,
the language ``to 2 months for any preexisting condition of'' is
corrected to read ``to 65 days for any preexisting condition of''.
86. On page 16960, column 2, Sec. 146.111, paragraph (c), line 3,
the language ``plan, and health insurance issuer'' is corrected to read
``plan, and a health insurance issuer''.
Sec. 146.113 [Corrected]
87. On page 16961, column 3, Sec. 146.113, paragraph (b)(2)(iv),
paragraph (i) of Example 6, line 5, the language ``ceases. C is then
unemployed for 51 days'' is corrected to read ``ceases. C is then
unemployed and does not have any creditable coverage for 51 days''.
88. On page 16962, column 1, Sec. 146.113, paragraph (c)(1), last
line, the language ``(b).'' is corrected to read ``(b) of this
section.''
89. On page 16962, column 2, Sec. 146.113, paragraph (c)(7)(ii),
line 7, the language ``paragraph (b), up to a total of 365 days'' is
corrected to read ``paragraph (b) of this section, up to a total of 365
days''.
90. On page 16962, column 3, Sec. 146.113, paragraph (c)(7)(iii),
paragraph (ii) of the Example, lines 4 and 5, the language ``drug
benefits because D had the equivalent of 90-days of creditable coverage
relating to'' is corrected to read ``drug benefits because D had 90
days of creditable coverage relating to''.
Sec. 146.115 [Corrected]
91. On page 16962, column 3, Sec. 146.115, paragraph (a)(1)(i),
line 5, the language ``required to certificates of creditable'' is
corrected to read ``required to furnish certificates of creditable''.
92. On page 16962, column 3, Sec. 146.115, paragraph (a)(1)(ii),
line 2 from the bottom of the paragraph, the language ``paragraph
(a)(3) with respect to the'' is corrected to read ``paragraph (a)(3) of
this section with respect to the''.
93. On page 16963, column 1, Sec. 146.115, paragraph
(a)(1)(iv)(B)(1), line 21, the language ``paragraph (b)(2) of this
section (relating'' is corrected to read ``paragraph (b)(1) of this
section (relating''.
94. On page 16963, column 1, Sec. 146.115, paragraph
(a)(1)(iv)(B)(2), paragraph (i) of the Example, last 3 lines, the
language ``agreement with the plan to provide automatic certificates as
permitted under paragraph (a)(2)(ii) of this section.'' is corrected to
read ``agreement with the plan to provide certificates as permitted
under paragraph (a)(1)(iii) of this section.''.
[[Page 31694]]
95. On page 16963, column 2, Sec. 146.115, paragraph (a)(2)(i),
line 2 from the bottom of the paragraph, the language ``described in
paragraph (a)(2)(ii) and'' is corrected to read ``described in
paragraph (a)(2)(ii) or''.
96. On page 16963, column 2, Sec. 146.115, paragraph (a)(2)(ii)
introductory text, line 2, the language ``paragraph (a)(2)(ii) of this
section are'' is corrected to read ``paragraph (a)(2)(ii) are''.
97. On page 16963, column 2, Sec. 146.115, paragraph (a)(2)(ii)(A),
line 4 from the bottom of the paragraph, the language ``section 606 of
the Act, section'' is corrected to read ``section 606 of ERISA,
section''.
98. On page 16963, column 3, Sec. 146.115, paragraph (a)(2)(iii),
line 8 from the bottom of the paragraph, the language ``acting in a
reasonable or prompt fashion'' is corrected to read ``acting in a
reasonable and prompt fashion,''.
99. On page 16964, column 1, Sec. 146.115, paragraph (a)(2)(iv),
paragraph (i) of Example 4., line 8, the language ``expiration of a 30-
day grace period, S's group'' is corrected to read ``expiration of a
30-day grace period, Employer S's group''.
100. On page 16964, column 1, Sec. 146.115, paragraph (a)(2)(iv),
paragraph (i) of Example 5., line 4, the language ``permitted under
paragraph (a)(2)(iii). Under'' is corrected to read ``permitted under
paragraph (a)(2)(iii) of this section. Under''.
101. On page 16964, column 1, Sec. 146.115, paragraph
(a)(3)(i)(B)(3), line 3, the language ``to accept the information in
paragraph'' is corrected to read ``to accept the information in this
paragraph''.
102. On page 16964, column 3, Sec. 146.115, paragraph (a)(5)(i)(A),
line 4, the language ``needed for a certificate relating to the'' is
corrected to read ``needed for a certificate relating to''.
103. On page 16965, column 1, Sec. 146.115, paragraph
(a)(5)(iii)(B), line 9, the language ``requested to be provided. It
does not'' is corrected to read ``requested to be provided. If a
certificate does not''.
104. On page 16965, column 2, Sec. 146.115, paragraph (a)(6)(ii),
line 5 from the bottom of the column, the language ``requirements of
subparts 1 and 3 of part'' is corrected to read ``requirements of
Subparts 1 through 3 of Part''.
105. On page 16966, column 1, Sec. 146.115, paragraph (c)(2)(ii),
line 5, the language ``explanations of benefit claims EOB) or'' is
corrected to read ``explanations of benefit claims (EOBs) or''.
106. On page 16966, column 2, Sec. 146.115, paragraph (c)(2)(iv),
paragraph (i) of the Example, line 1, the language ``Example: (i)
Employer X's group health'' is corrected to read ``Example: (i)
Individual F terminates employment with Employer W and, a month later,
is hired by Employer X. Employer X's group health''.
107. On page 16966, column 3, Sec. 146.115, paragraph (d)(3),
paragraph (i) of the Example, lines 1 through 3, the language
``Example: (i) Individual F terminates employment with Employer W and,
a month later, is hired by Employer X. Example 1:'' is corrected to
read ``Example 1: (i)''.
Sec. 146.117 [Corrected]
108. On page 16968, column 1, Sec. 146.117, paragraph (b)(2), line
1, the language ``enrolled, in the plan, the individual'' is corrected
to read ``enrolled, for coverage under the terms of the plan, the
individual''.
109. On page 16968, column 1, Sec. 146.117, paragraph (b)(4)
introductory text, line 2, the language ``who is eligible, but not
enrolled, in the'' is corrected to read ``who is eligible, but not
enrolled, for coverage under the terms of the''.
110. On page 16968, column 1, Sec. 146.117, paragraph (b)(6), line
4, the language ``eligible, but not enrolled, in the plan,'' is
corrected to read ``eligible, but not enrolled, for coverage under the
terms of the plan,''.
Sec. 146.121 [Corrected]
111. On page 16969, column 1, Sec. 146.121, paragraph (a)(1)(ii),
last line, the language ``defined in Sec. 146.102'' is corrected to
read ``defined in 45 CFR 144.103''.
112. On page 16969, column 1, Sec. 146.121, paragraph (a)(1)(vi),
last line, the language ``Sec. 146.102.'' is corrected to read ``45 CFR
144.103.''.
Sec. 146.125 [Corrected]
113. On page 16970, column 1, Sec. 146.125, paragraph (c), line 2,
the language ``enforcement action is taken, under,'' is corrected to
read ``enforcement action is to be taken''.
114. On page 16970, column 1, Sec. 146.125, paragraph (d), line 4
from the bottom of the column, the language ``health insurance issuer
is not subject to'' is corrected to read ``health insurance issuer are
not subject to''.
115. On page 16970, column 2, Sec. 146.125, paragraph (e)(3)(i),
line 3, the language ``events described in Sec. 146.115(a)(5)(ii),'' is
corrected to read ``events described in Sec. 146.115(a)(2)(ii),''.
116. On page 16970, column 2, Sec. 146.125, paragraph (e)(3)(iv),
last line, the language ``Sec. 146.115(a)(5)(iii).'' is corrected to
read ``Sec. 146.115(a)(2)(iii).''.
Sec. 146.150 [Corrected]
117. On page 16971, column 3, Sec. 146.150, paragraph (a)(2), last
5 lines in the paragraph, the language ``eligible individual, which is
inconsistent with the nondiscrimination provisions of Sec. 146.121 on
an eligible individual being a participant or beneficiary.'' is
corrected to read ``eligible individual's being a participant or
beneficiary, which is inconsistent with the nondiscrimination
provisions of Sec. 146.121.''.
118. On page 16972, column 2, Sec. 146.150, paragraph (d)(5), line
3, the language ``paragraph (d) of this section on a'' is corrected to
read ``paragraph (d) on a''.
Sec. 146.180 [Corrected]
119. On page 16973, column 3, Sec. 146.180, paragraph (a)
introductory text, line 2, the language ``election described in this
paragraph (a)'' is corrected to read ``election described in this
section''.
120. On page 16973, column 3, Sec. 146.180, paragraph (a)(2), last
2 lines, the language ``individuals (and dependents) losing other
coverage (Sec. 146.117).'' is corrected to read ``individuals and
dependents (Sec. 146.117).''.
121. On page 16974, column 1, Sec. 146.180, paragraph (c)(4), line
1, the language ``requirements described in paragraph (a)'' is
corrected to read ``requirements described in paragraph (a) of this
section''.
122. On page 16974, column 2, Sec. 146.180, paragraph (i)(2), line
4, the language ``of paragraphs (f) through (h), and has'' is corrected
to read ``of paragraphs (f) through (h) of this section, and has''.
Cynthia E. Grigsby,
Chief, Regulations Unit, Assistant Chief Counsel (Corporate),
Department of the Treasury.
Signed at Washington, DC this 2nd day of June 1997.
Daniel Maguire,
Director, Health Care Task Force, Pension and Welfare Benefits
Administration, Department of Labor.
Dated: June 2, 1997.
Neil J. Stillman,
Deputy Assistant, Secretary for Information Resources Management,
Department of Health and Human Services.
[FR Doc. 97-14884 Filed 6-9-97; 8:45 am]
BILLING CODE 4120-01-U
