HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 (HIPAA)
Instructions | About this Database
Public Law 104-191 | 104th Congress - An act to amend the Internal Revenue Code of 1986 to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.
TABLE OF CONTENTS
Title I | Title II | Title III | Title IV | Title V | Contextual Excerpts | Search by Title
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.
Part 7--Group Health Plan Portability, Access, and Renewability Requirements
Sec. 701. Increased portability through limitation on preexisting condition exclusions.
Sec. 702. Prohibiting discrimination against individual participants & beneficiaries based on health status.
Sec. 703. Guaranteed renewability in multiemployer plans & multiple employer welfare arrangements.
Sec. 704. Preemption; State flexibility; construction.
Sec. 705. Special rules relating to group health plans.
Sec. 706. Definitions.
Sec. 707. Regulations.
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
Sec. 2701. Increased portability through limitation on preexisting condition exclusions.
Sec. 2702. Prohibiting discrimination against individual participants and beneficiaries based on health status.
Subpart 2--Provisions Applicable Only to Health Insurance Issuers
Sec. 2711. Guaranteed availability of coverage for employers in the group market.
Sec. 2712. Guaranteed renewability of coverage for employers in the group market.
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. 103. Reference to implementation through the Internal Revenue Code of 1986.
Sec. 104. Assuring coordination.
Subtitle B--Individual Market Rules
Sec. 111. Amendment to Public Health Service Act.
Part B--Individual Market Rules
Sec. 2741. Guaranteed availability of individual health insurance coverage to certain individuls with prior group coverage.
Sec. 2742. Guaranteed renewability of individual health insurance coverage.
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. 193. Allowing federally-qualified HMOs to offer high deductible plans.
Sec. 194. Volunteer services provided by health professionals at free clinics.
Sec. 195. Findings; severability.
TITLE II--PREVENTING HEALTH CARE FRAUD AND ABUSE;
ADMINISTRATIVE SIMPLIFICATION; MEDICAL LIABILITY REFORM
Sec. 200. References in title.
Subtitle A--Fraud and Abuse Control Program
Sec. 201. Fraud and abuse control program.
Sec. 202. Medicare integrity program.
Sec. 203. Beneficiary incentive programs.
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.
Subtitle B--Revisions to Current Sanctions for Fraud and Abuse
Sec. 211. Mandatory exclusion from participation in Medicare and State health care programs.
Sec. 212. Establishment of minimum period of exclusion for certain individuals and entities subject to permissive exclusion from 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.
Subtitle C--Data Collection
Sec. 221. Establishment of the health care fraud and abuse data collection program.
Subtitle D--Civil Monetary Penalties
Sec. 231. Social Security Act civil monetary penalties.
Sec. 232. Penalty for false certification for home health services.
Subtitle E--Revisions to Criminal Law
Sec. 241. Definitions relating to Federal health care offense.
Sec. 242. Health care fraud.
Sec. 243. Theft or embezzlement.
Sec. 244. False statements.
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. 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
Sec. 1171. Definitions.
Sec. 1172. General requirements for adoption of standards.
Sec. 1173. Standards for information transactions and data elements.
Sec. 1174. Timetables for adoption of standards.
Sec. 1175. Requirements.
Sec. 1176. General penalty for failure to comply with requirements and standards.
Sec. 1177. Wrongful disclosure of individually identifiable with information.
Sec. 1178. Effect on State law.
Sec. 1179. Processing payment transactions.''.
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.
Subtitle G--Duplication and Coordination of Medicare-Related Plans
Sec. 271. Duplication and coordination of Medicare-related plans.
TITLE III--TAX-RELATED HEALTH PROVISIONS
Sec. 300. Amendment of 1986 Code.
Subtitle A--Medical Savings Accounts
Sec. 301. Medical savings accounts.
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.
Subtitle C--Long-Term Care Services and Contracts
Part I--General Provisions
Sec. 321. Treatment of long-term care insurance.
Sec. 322. Qualified long-term care services treated as medical care.
Sec. 323. Reporting requirements.
Part II--Consumer Protection Provisions
Sec. 325. Policy requirements.
Sec. 326. Requirements for issuers of qualified long-term care insurance contracts.
Sec. 327. Effective dates.
Subtitle D--Treatment of Accelerated Death Benefits
Sec. 331. Treatment of accelerated death benefits by recipient.
Sec. 332. Tax treatment of companies issuing qualified accelerated death benefit riders.
Subtitle E--State Insurance Pools
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.
Subtitle F--Organizations Subject to Section 833
Sec. 351. Organizations subject to section 833.
Subtitle G--IRA Distributions to the Unemployed
Sec. 361. Distributions from certain plans may be used without additional tax to pay financially devastating medical expenses.
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
Sec. 401. Group health plan portability, access, and renewability requirements.
Sec. 9801. Increased portability through limitation on preexisting condition exclusions.
Sec. 9802. Prohibiting discrimination against individual participants and beneficiaries based on health status.
Sec. 9803. Guaranteed renewability in multiemployer plans and certain multiple employer welfare arrangements.
Sec. 9804. General exceptions.
Sec. 9805. Definitions.
Sec. 9806. Regulations.
Sec. 402. Penalty on 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
Sec. 501. Denial of deduction for interest on loans with respect to company-owned life insurance.
Subtitle B--Treatment of Individuals Who Lose United States Citizenship
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. 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
Sec. 521. Repeal of financial institution transition rule to interest allocation rules.
Contents | Title I | Title II | Title III | Title IV | Title V
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