Page:United States Statutes at Large Volume 110 Part 3.djvu/222

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110 STAT. 1952 PUBLIC LAW 104-191—AUG. 21, 1996 (B) by inserting "including the office at the Department of Labor through which participants and beneficiaries may seek assistance or information regarding their rights under this Act and the Health Insurance Portability and Accountability Act of 1996 with respect to health benefits that are offered through a group health plan (as defined in section 706(a)(1)) after 'Tbenefits under the plan", (d) TREATMENT OF HEALTH INSURANCE ISSUERS OFFERING HEALTH INSURANCE COVERAGE TO NONCOVERED PLANS.— Section 4(b) of such Act (29 U.S.C. 1003(b)) is amended by adding at the end (after and below psiragraph (5)) the following: "The provisions of part 7 of subtitle B shall not apply to a health insurance issuer (as defined in section 706(b)(2)) solely by reason of health insurance coverage (as defined in section 706(b)(1)) provided by such issuer in connection with a group health plan (as defined in section 706(a)(1)) if the provisions of this title do not apply to such group health plan.". (e) REPORTING AND ENFORCEMENT WITH RESPECT TO CERTAIN ARRANGEMENTS.— (1) IN GENERAL.— Section 101 of such Act (29 U.S.C. 1021) is amended— (A) by redesignating subsection (g) as subsection (h), and (B) by inserting after subsection (f) the following new subsection: " (g) REPORTING BY CERTAIN ARRANGEMENTS. — The Secretary may, by regulation, require multiple employer welfare arrangements providing benefits consisting of medical care (within the meaning of section 706(a)(2)) which are not group health plans to report, not more frequently than annually, in such form and such manner as the Secretary may require for the purpose of determining the extent to which the requirements of part 7 are being carried out in connection with such benefits.". (2) ENFORCEMENT. — (A) IN GENERAL.— Section 502 of such Act (29 U.S.C. 1132) is amended— (i) in subsection (a)(6), by striking "under subsection (c)(2) or (i) or (1)" and inserting "under paragraph (2), (4), or (5) of subsection (c) or under subsection (i) or (1)"; and (ii) in the last 2 sentences of subsection (c), by striking "For purposes of this paragraph" and all that follows through "The Secretary and" and inserting the following: "(5) The Secretary may assess a civil penalty against any person of up to $1,000 a day from the date of the person's failure or refusal to file the information required to be filed by such person with the Secretary under regulations prescribed pursuant to section 101(g). "(6) The Secretary and". (B) TECHNICAL AND CONFORMING AMENDMENT.—Section 502(c)(1) of such Act (29 U.S.C. 1132(c)(1)) is amended by adding at the end the following sentence: "For purposes of this paragraph, each violation described in subparagraph (A) with respect to any single participant, and each violation described in subparagraph (B) with respect to any