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 chapter. The Secretary may promulgate any interim
final rules as the Secretary determines are appropriate to carry out this chapter.
(Added Pub. L. 104-191, Sec. 401, Aug. 21, 1996, 110 Stat. 1936.)
1997 - Pub. L. 105-34, Sec. 1531(a)(2), redesignated Section 9806 as Section 9833.
EFFECTIVE DATE OF 1997 AMENDMENTS
Amendment by Sec. 1531(a)(2) of Pub. L. 105-34 applicable with respect to group health plans for plan years beginning on or after
January 1, 1998.
Effective, except as otherwise noted, for plan years beginning after June 30, 1997.
Section 401(c) of Pub. L. 104-191 provided that:
“(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 chapter 100 of the Internal Revenue Code of 1986 (as added by this section) in determining creditable coverage.
(ii) Special rule for certain periods.--The Secretary of the Treasury, 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 9801 of the Internal Revenue Code of 1986 (as added by this section) shall apply to events occurring after June 30,
(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
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), 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, the amendments made by this section
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 added by this section shall not be treated as a termination
of such collective bargaining agreement.
(4) Timely regulations.--The Secretary of the Treasury, 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.
(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.”