SEC. 2792. REGULATIONS.
Title[ Title I\Subtitle A\Sec. 102 Contents
<<NOTE: 42 USC 300gg-92.>>
``The Secretary, consistent with section 104 of the Health Care
Portability and Accountability Act of 1996, may promulgate such
regulations as may be necessary or appropriate to carry out the
provisions of this title. The Secretary may promulgate any interim final
rules as the Secretary determines are appropriate to carry out this
title.''.
(b) Application of Rules by Certain Health Maintenance
Organizations.--Section 1301 of such Act (42 U.S.C. 300e) is amended by
adding at the end the following new subsection:
``(d) An organization that offers health benefits coverage shall not
be considered as failing to meet the requirements of this section
notwithstanding that it provides, with respect to coverage offered in
connection with a group health plan in the small or large group market
(as defined in section 2791(e)), an affiliation period consistent with
the provisions of section 2701(g).''.
(c) Effective <<NOTE: 42 USC 300gg note.>> Date.--
(1) In general.--Except as provided in this subsection, part
A of title XXVII of the Public Health Service Act (as added by
subsection (a)) shall apply with respect to group health plans,
and health insurance coverage offered in connection with group
health plans, for plan years beginning after June 30, 1997.
(2) Determination of creditable coverage.--
(A) Period of coverage.--
(i) In general.--Subject to clause (ii), no
period before July 1, 1996, shall be taken into
account under part A of title XXVII of the Public
Health Service Act (as added by this section) in
determining creditable coverage.
(ii) Special rule for certain periods.--The
Secretary of Health and Human Services, consistent
with section 104, shall provide for a process
whereby individuals who need to establish
creditable coverage for periods before July 1,
1996, and who would have such coverage credited
but for clause (i) may be given credit for
creditable coverage for such periods through the
presentation of documents or other means.
(B) Certifications, etc.--
(i) In general.--Subject to clauses (ii) and
(iii), subsection (e) of section 2701 of the
Public Health Service Act (as added by this
section) shall apply to events occurring after
June 30, 1996.
(ii) No certification required to be provided
before june 1, 1997.--In no case is a
certification required to be provided under such
subsection before June 1, 1997.
(iii) Certification only on written request
for events occurring before october 1, 1996.--In
the case of an event occurring after June 30,
1996, and before October 1, 1996, a certification
is not required to be provided under such
subsection unless an individual (with respect to
whom the certification is otherwise required to be
made) requests such certification in writing.
(C) Transitional rule.--In the case of an individual
who seeks to establish creditable coverage for any
period for which certification is not required because
it relates to an event occurring before June 30, 1996--
(i) the individual may present other credible
evidence of such coverage in order to establish
the period of creditable coverage; and
(ii) a group health plan and a health
insurance issuer shall not be subject to any
penalty or enforcement action with respect to the
plan's or issuer's crediting (or not crediting)
such coverage if the plan or issuer has sought to
comply in good faith with the applicable
requirements under the amendments made by this
section.
(3) Special rule for collective bargaining agreements.--
Except as provided in paragraph (2)(B), in the case of a group
health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and one
or more employers ratified before the date of the enactment of
this Act, part A of title XXVII of the Public Health Service Act
(other than section 2701(e) thereof) shall not apply to plan
years beginning before the later of--
(A) the date on which the last of the collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act),
or
(B) July 1, 1997.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
of such part shall not be treated as a termination of such
collective bargaining agreement.
(4) Timely regulations.--The Secretary of Health and Human
Services, consistent with section 104, shall first issue by not
later than April 1, 1997, such regulations as may be necessary
to carry out the amendments made by this section and section
111.
(5) Limitation on actions.--No enforcement action shall be
taken, pursuant to the amendments made by this section, against
a group health plan or health insurance issuer with respect to a
violation of a requirement imposed by such amendments before
January 1, 1998, or, if later, the date of issuance of
regulations referred to in paragraph (4), if the plan or issuer
has sought to comply in good faith with such requirements.
(d) Miscellaneous Correction.--Section 2208(1) of the Public Health
Service Act (42 U.S.C. 300bb-8(1)) is amended by striking ``section
162(i)(2)'' and inserting ``5000(b)''.
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